The Heller Brothers Co. of Newcomerstown

National Labor Relations Board - Board Decisions

Jul 14, 1938

8 N.L.R.B. 301 (N.L.R.B. 1938)

In the Matter of THE HELLER BROTHERS COMPANY OF NEWCOMERS-
TOWN and INTERNATIONAL BROTHERHOOD OF BLACKSMITHS, DROP
FORGERS, AND HELPERS
Cases Nos. C-370 and R-569
File, Rasp, and Small Tool Manufacturing Industry-Check-Off: motion re-
questing annulment of that part of Board's order requiring reimbursement of
employees for amounts deducted from their wages as dues for company-domi-
nated union, or for a rehearing on that issue, denied-Order: denying motion.
SUPPLEMENTAL DECISION
AND
ORDER
July 14, 1938
On June 4, 1938, the National Labor Relations Board, herein called
the Board, issued its Decision, Order, and Certification of Repre-
sentatives in the above-entitled proceeding,, in which the Board
ordered The Heller Brothers Company of Newcomerstown, Ohio,
herein called the respondent, to cease and desist from certain unfair
labor practices and to take certain affirmative action including, among
other things, the reimbursement of the employees who were members
of the File and Tool Workers Union for the dues it had deducted
from their wages.
On June 25, 1938, the respondent, reserving its objections to all
other pertions of the Board's order, filed with the Board a motion
in which it demanded the annulment of the above-described portion
of the order requiring the reimbursement of dues checked off or in
the alternative a re-hearing on that issue on the ground that the
issue had not been tried at the hearing. On July 5, 1938, the Inter-
national Brotherhood of Blacksmiths, Drop Forgers, and Helpers
filed with the Board an answer in opposition to the respondent's
motion.
The Board has considered the respondent's motion and finds it to
be without merit. The respondent's check-off of dues for the File
and Tool Workers Union was specifically in issue under the pleadings,
17 N. L R. B. 646.
S N. L R. B., No 34.
301
302 NATIONAL LABOR RELATIONS BOARD
evidence was offered by.and received from the respondent on the issue
at the hearing , and the Trial Examiner in his Intermediate Report
made a recommendation on the issue . Thereafter , the respondent
excepted to the Trial Examiner's recommendation and was afforded'
oral argument before the Board and filed a brief in support of its
contentions prior to the issuance of the order. Moreover, there is
no claim of newly discovered evidence bearing upon the issue which
was either unknown or unavailable to the respondent at the time
of the hearing and the respondent's objection relates in essence to
the propriety of the remedy afforded rather than the merits of the
issue.
IT IS HEREBY ORDERED that the respondent 's motion for the annul-
ment of Section 2 (b) of the Board's order of June 4, 1938, or in
the alternative for a re-hearing on the issue be, and it hereby is,
denied.