The Pure Oil Co.

National Labor Relations Board - Board Decisions

Nov 28, 1938

9 N.L.R.B. 1248 (N.L.R.B. 1938)

1248 NAT[ONAL LABOR 1{ELATIONS BOARD
In the Matter of THE PURE OIL COMPANY and OIL WORKERS
INTERNATIONAL UNION LOCAL 228
Case No. C-4 9
SUPPLEMENTAL ORDER
November,08, 1938
On April 23, 1938, the National Labor Relations Board, herein
called the Board, issued its Decision and Order in the above-entitled
proceeding I. based upon a stipulation consenting to such an order
entered into by The Pure Oil Company, herein called the respondent,
and the Board. Thereafter,'on September 6, 1938, the Board served
notice on all of the parties of its intention to vacate and set aside
its findings of fact and order on September 12, 1938, unless sufficient
cause to the contrary should appear. On September 10, 1938, the
.respondent filed its objection to the proposed vacation and setting
aside of the Board's findings of fact and order, and requested a hear-
ing for the purpose of oral argument. Pursuant to notice such a
hearing was held before the Board at Washington, D. C., on October
27, 1938. The respondent and Oil Workers International Union,
Local 228, participated and filed briefs, which we have considered.
The position of the respondent is that the Board has no power to
set aside its findings of fact and order in this proceeding. Further-
more, in its brief, it contends, "If any acts of respondent occurring
since the submission of the case to the Board constitute acts alleged
by the charge and complaint and found by the Board to have been
wrongful, such acts must necessarily constitute infractions of the
Board's order, and must be dealt with tinder the procedure provided
by Section 10 (e) of the National Labor Relations Act." It would
of course be impossible for acts occurring since the issuance of a com-
plaint to be alleged in it. We, therefore, interpret the quoted lan-
guage to have reference to acts of the same type as those alleged in
the complaint and covered by the Board's order. Consequently, the
respondent's position is that in the present proceeding such acts are
to be dealt with by the procedure provided by the Act for enforce-
ment of Board orders upon petition to the appropriate Circuit Court
of Appeals.
Upon this position of the respondent, and without here deciding
the question of the power of the Board in the premises, we shall, in
the exercise of our discretion, order the notice of September 6 with-
drawn. It is therefore,
ORDERED that the notice of September 6, 1938, be, and it hereby
is, withdrawn.
16 N. L. R.B.818.
9 N. L. R. B., No. 116.