National Labor Relations Bd. v. Somerville Cream Co., 4642.
| Decision Date | 22 October 1952 |
| Docket Number | No. 4642.,4642. |
| Citation | 199 F.2d 257 |
| Parties | NATIONAL LABOR RELATIONS BOARD v. SOMERVILLE CREAM CO., Inc. |
| Court | U.S. Court of Appeals — First Circuit |
James A. Ryan, Washington, D. C. (George J. Bott, Gen. Counsel, David P. Findling, Asst. Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, and Fannie M. Boyls, Washington, D. C., on brief), for petitioner.
James Charles Roy, Boston, Mass., for respondent.
Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.
The National Labor Relations Board petitions for enforcement of an order issued by it on August 17, 1951, directed against respondent, Somerville Cream Company, Inc. The order is in the usual remedial terms, predicated upon administrative findings that respondent had committed certain unfair labor practices. The Board submitted its case on brief and oral argument. Respondent submitted on the record by leave of court.
A hearing on the complaint was held before a Trial Examiner commencing April 3, 1951. Counsel for respondent appeared, for the sole purpose of presenting a medical affidavit as to the illness of respondent's president, upon the basis of which an indefinite postponement of the hearing was requested. The affidavit affirmed that the president was suffering from a form of thrombosis which affected his sense of balance, so that he was unable to walk alone. Two previous postponements had been granted by the Board. Counsel for the Board opposed a further continuance, but expressed his willingness to have the Trial Examiner hold a hearing in the president's home for the purpose of taking his testimony. The Trial Examiner said he would entertain a motion by respondent for the taking of the president's deposition. Neither of these suggestions was embraced by counsel for respondent.
The Trial Examiner denied the application for a further postponement, whereupon counsel for respondent left the hearing. The hearing of the Board's case then proceeded, in the absence of respondent. There was testimony by respondent's treasurer that the president, despite his illness, was able, with assistance, to come to the office for short periods, and that the treasurer frequently called at the president's house to discuss business matters with him.
After the hearing, the Trial Examiner filed his Intermediate Report and Recommended Order. Pursuant to the Board's rules and regulations, respondent filed its exceptions to the Intermediate Report, as follows:
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...F.2d 905, 908-909 (7th Cir. 1964). N. L. R. B. v. Somerville Buick, Inc., 194 F.2d 56, 59 (1st Cir. 1952). N. L. R. B. v. Somerville Cream Co., 199 F.2d 257, 258 (1st Cir. 1952). Lloyd A. Fry Roofing Co. v. N. L. R. B., 222 F.2d 938, 940 (1st Cir. 1955). As counsel and the respondents had a......
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NLRB v. TAXICAB DRIVERS UNION, LOCAL 777, INT. BRO. OF TEAM.
...clear showing of abuse of that discretion. N. L. R. B. v. American Potash & Chemical Corp., 9 Cir., 98 F.2d 488; N. L. R. B. v. Somerville Cream Co., Inc., 1 Cir., 199 F.2d 257. We hold that there was no abuse of The decree of the Labor Board herein will be Enforced. UPON PETITION FOR REHEA......
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Lloyd A. Fry Roofing Co. v. National Labor Rel. Bd., 4911.
...of discretion and it did not result in prejudice to the petitioner nor in a denial of due process. See National Labor Relations Board v. Somerville Cream Co., 1 Cir., 1952, 199 F.2d 257; National Labor Relations Board v. Somerville Buick, 1 Cir., 1952, 194 F.2d 56. The weakness of petitione......