National Labor Relations Board v. Biles-Coleman L. Co.

Decision Date26 April 1938
Docket NumberNo. 8764.,8764.
Citation96 F.2d 197
PartiesNATIONAL LABOR RELATIONS BOARD v. BILES-COLEMAN LUMBER CO.
CourtU.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.

DENMAN, Circuit Judge.

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 "the entry of the Order by the National Labor Relations Board, a large portion of the employees which the Board ordered reinstated have refused employment, and it is now proper and necessary to take additional testimony that this Court may have before it evidence showing this changed situation. Testimony should be taken and made part of the record herein showing the number of employees included within the Order of the Board who have applied for reinstatement, showing how many were offered reinstatement, and how many have refused reinstatement and reemployment. This evidence should include a showing of how many union members are now employed by respondent, and the fact of representation or non-representation by the union of the majority of the employees in the appropriate unit."

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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14 cases
  • Oughton v. National Labor Relations Board
    • United States
    • U.S. Court of Appeals — Third Circuit
    • February 26, 1941
    ...F.2d 632, 640; National Labor Relations Board v. Louisville Refining Co., 6 Cir., 102 F.2d 678, 681; National Labor Relations Board v. Biles-Coleman Lumber Co., 9 Cir., 96 F.2d 197, 198; National Labor Relations Board v. Remington-Rand, Inc., 2 Cir., 94 F.2d 862, However, at the hearing bef......
  • National Labor Relations Board v. Mexia Textile Mills National Labor Relations Board v. Pool Manufacturing Company
    • United States
    • U.S. Supreme Court
    • May 15, 1950
    ...605, 177A—610 (1946), and §§ 203.52 and 203.53 of the rules printed at 13 Fed.Reg. 5651, 5662 (1947); National Labor Relations Board v. Biles-Coleman Lumber Co., 9 Cir., 1938, 96 F.2d 197. Compare Franks Bros. Co. v. National Labor Relations Board, 1944, 321 U.S. 702, 705—706, 64 S.Ct. 817,......
  • National Labor Relations Board v. Brooks
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • May 14, 1953
    ...union's organizer had been bribed by the employer, the employer could not be ordered to bargain with the union. In N.L. R.B. v. Biles Coleman L. Co., 9 Cir., 96 F.2d 197, we held that where the employees repudiated their bargaining representative after the Board had issued its order and pri......
  • GREAT SOUTHERN T. CO. v. National L. Relations Board
    • United States
    • U.S. Court of Appeals — Fourth Circuit
    • January 10, 1944
    ...v. Chicago Apparatus Co., 7 Cir., 1940, 116 F.2d 753; Bussmann Mfg. Co. v. N.L.R.B., 8 Cir., 1940, 111 F.2d 783; N.L.R.B. v. Biles Coleman Lumber Co., 9 Cir., 1938, 96 F.2d 197; Continental Oil Co. v. N.L. R.B., 10 Cir., 1940, 113 F.2d 473; N.L.R.B. v. Porcelain Steels, 6 Cir., 138 F.2d 840......
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