National Labor Relations Board v. Biles-Coleman L. Co.
Decision Date | 26 April 1938 |
Docket Number | No. 8764.,8764. |
Citation | 96 F.2d 197 |
Parties | NATIONAL LABOR RELATIONS BOARD v. BILES-COLEMAN LUMBER CO. |
Court | U.S. Court of Appeals — Ninth Circuit |
Weter, Roberts & Shefelman and F. M. Roberts, all of Seattle, Wash., for Biles-Coleman Lumber Co.
Charles Fahy, Gen. Counsel, National Labor Relations Board, of Washington, D. C., and John T. McTernan, Regional Atty., N. L. R., of San Francisco, Cal., for National Labor Relations Board.
Before DENMAN, MATHEWS, and HEALY, Circuit Judges.
The National Labor Relations Board has pending here its petition for the enforcement of its order against respondent which, inter alios, requires respondent to reinstate certain of its employees and to bargain collectively with the employees' Carpenters' Union No. 2570.
Respondent's motion addresses the power of the court to require the taking of further evidence by the Board, which section 10 (e) of the National Labor Relations Act, 29 U.S.C.A. § 160 (e), requires the respondent "shall show to the satisfaction of the court that such additional evidence is material."
This motion alleges that since
Assuming that as to some of the ordered reinstatements, the question has become moot since the order was made, this is a question of enforcement and not of the validity of the order. We are required to make our order in accord with the Board's unless, on the hearing, it be shown that the evidence on which the order was based does not warrant it. The additional evidence requested here is of matters subsequent to the order sought to be sanctioned by our action, and we hold it not to be "material" within the meaning of section 10 (e) of the act. National Labor Relations Board v....
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