Polish National Alliance of the United States of North America v. National Labor Relations Board, 8090.
| Decision Date | 07 November 1946 |
| Docket Number | No. 8090.,8090. |
| Citation | 159 F.2d 38 |
| Parties | POLISH NATIONAL ALLIANCE OF THE UNITED STATES OF NORTH AMERICA v. NATIONAL LABOR RELATIONS BOARD. |
| Court | U.S. Court of Appeals — Seventh Circuit |
Stephen Love, of Chicago, Ill., for petitioner.
A. Norman Somers, Asst. Gen. Counsel, N.L.R.B., of Washington, D. C., and Josef L. Hektoen and Robert T. Drake, N.L.R.B., both of Chicago, Ill., for respondent.
Before SPARKS and MAJOR, Circuit Judges, and HOLLY, District Judge.
Upon petition of the National Labor Relations Board, this court issued an order upon the Polish National Alliance of the United States of North America and certain of its officers and agents to show cause why they should not be held in contempt for failure to comply with a decree of this court entered June 22, 1943, pursuant to an opinion rendered June 5, 1943. Polish National Alliance of the United States v. N.L. R.B., 7 Cir., 136 F.2d 175, affirmed 322 U.S. 643, 64 S.Ct. 1196, 88 L.Ed. 1509. Thereafter, the Board and Alliance disposed of all the issues in controversy by stipulation except those involving three employees. By order of June 1, 1946, we appointed a Special Master "to take proof and report to the court his findings of fact on the issues of the claimed inadequacy of the offers of reinstatement made to Henry Ziolkowski and Walter Andrzejewski * * * and the claimed inadequacy of the reinstatement given to Walter Cichowicz and his alleged discriminatory discharge * * * and of the * * * losses of pay claimed to have been sustained * * *." Pursuant to the order of reference, the Master held hearings and on August 10, 1946 filed his report, together with a request for fees and expenses. The case is now before us upon exceptions taken to the Master's report by the Alliance and upon the Board's motion to confirm.
The Master found that the Alliance had failed to offer to both Andrzejewski and Ziolkowski positions substantially equivalent to those they occupied when they went out on strike; the Master further found the Cichowicz was adequately reinstated and was discharged for cause not because of union affiliation or activity. The amount, if anything, due and owing to these men whose status is in controversy was disposed of by stipulation of the parties after the hearing before the Master had started. They stipulated that Andrzejewski is entitled to nothing, Ziolkowski is entitled to $700, in event their offers of reinstatement were found to be inadequate. The amount stipulated to be due and owing Cichowicz is immaterial as the controversy relating to him is closed. The Board raises no question as to the propriety of the Master's finding relating to him, and of course the Alliance does not question the finding.
The Alliance challenges the propriety of the Master's findings as to Andrzejewski and Ziolkowski on the ground that they are...
To continue reading
Request your trial
-
National Nutritional Foods Association v. Schmidt
...procedures, it can appoint a Special Master under its equity powers. See generally, Polish National Alliance of the United States of North America v. N.L.R.B., 159 F.2d 38 (7 Cir. 1946); N. L.R.B. v. Remington Rand, Inc., 130 F.2d 919 (2 Cir. 1942); N.L.R.B. v. Arcade-Sunshine Co., 76 U.S.A......
-
Ryan's Express Transp. Servs., Inc. v. Amador Stage Lines, Inc.
...long engaged in the practice of using masters to address questions requiring a factual determination. Id. (citing Polish National Alliance v. NLRB, 159 F.2d 38 (7th Cir.1946); NLRB v. Arcade–Sunshine Co., 132 F.2d 8 (D.C.Cir.1942); NLRB v. Remington Rand, Inc., 130 F.2d 919 (2d Cir.1942)). ......
-
National Labor Relations Board v. Standard Trouser Co.
...clearly erroneous. Federal Rules of Civil Procedure, rule 53(e) (2), 28 U.S.C.A. following section 723c; Polish National Alliance v. National Labor Relations Board, 7 Cir., 159 F. 2d 38. (3) The Special Master, who saw and heard the witnesses and could observe their demeanor while testifyin......
-
Olson Rug Company v. NLRB
...three recommendations. A Special Master's findings of fact are not to be set aside unless clearly erroneous. Polish National Alliance, etc. v. N.L.R.B., 7 Cir., 159 F.2d 38, 39. In Polish National, this Court appointed a Special Master to make findings of fact on certain issues. We there sa......