Mastro Plastics Corp.

National Labor Relations Board - Board Decisions

Jul 29, 1953

106 N.L.R.B. 454 (N.L.R.B. 1953)

454 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
1. All office clerical employees of the Employer at its
Seattle , Washington , plants, excluding all other employees,
guards, and supervisors as defined in the Act.
2. All outside, inside , and telephone sales personnel of the
Employer in its Serv - U division , Seattle, Washington, including
telephone order girls , but excluding all other employees , guards,
and supervisors as defined in the Act.
[Text of Direction of Elections omitted from publication.]
MASTRO PLASTICS CORP., and FRENCH-AMERICAN REEDS
MANUFACTURING CO., INC. and LOCAL 3127, UNITED
BROTHERHOOD OF CARPENTERS AND JOINERS OF
AMERICA. Case No. 2-CA-1799. July 29, 1953
ORDER
On March 13, 1953, the Board issued a Decision and Order 1
in the above-entitled proceeding . Thereafter , on May 6, 1953,
counsel for the Respondents filed a motion to modify order
and for other relief which the Board , on May 25, denied as
lacking in merit. On June 2, 1953 , counsel for the Respondents
filed a further motion to complete record which the Board, on
July 2, 1953, considered and disposed of as of that date. Counsel
for the Respondents thereafter , on July 20 , 1953, filed a motion
to vacate order and stay proceedings . Respondents assert
therein that Section 3 (d) of the Act grants final authority to
the General Counsel in respect to the prosecution of complaints
before the Board ; that the motion to modify order filed May
6, 1953, was a motion touching essential elements of said
prosecution ; that the General Counsel was not heard upon said
motion and is not shown by the record to oppose or concur with
the merits thereof; and that "unless it appear of record that
the General Counsel has exercised his said final authority upon
a motion touching the essential elements of the prosecution,
the Board is without power to proceed ," and its Order of May
25, 1953, is void. Respondents further contend that they have
been deprived of a fair hearing on said motion of May 6,
because persons other than the General Counsel performedthe
function of prosecuting thereon . Respondents therefore move to
stay all proceedings until the General Counsel has furnished
Respondents with appropriate notice of position on the issues
raised in the May 6 motion to modify.
The Board has duly considered the matters raised by Re-
spondents ' motion to vacate order and stay proceedings. Re-
spondents ' motion is grounded on the assumption that, under
Section 3 (d) of the National Labor Relations Act, as amended,
the Board has no authority to deny motions made by Respondents
1103 NLRB 511.
106 NLRB No. 81.
STEVA STONE COMPANY 455
as without merit, in the absence of formal and expressed op-
position to said motions by the General Counsel. The Board
however, finds no basis in Section 3 (d), or in any part of the
Act, substantiating the theory advanced by Respondents. More-
over, the Board has previously ruled (United Aircraft Corpora-
tion, Pratt & Whitney Aircraft Division, 91 NLRB 215), that
Section 3 (d) does not limit the authority of the Trial Examiner
or the Board to grant or deny motions by the parties once hear-
ing has commenced on the complaint, because it is at that time
that the Board's exclusive jurisdiction attaches. In the instant
case, the General Counsel prosecuted the complaint issued
against the Respondents and secured a Decision and Order of
the Board finding that the Respondents had committed unfair
labor practices within the meaning of the Act. Whether or not
the General Counsel now desires to oppose or support such
supplemental motions as are made by the Respondents in attack
upon the validity of the Board's Decision and Order is not
determinative of the Board's authority to grantor dismiss such
supplemental motions upon their own merits or lack thereof.
Accordingly, as the motion is lacking in merit,
IT IS HEREBY ORDERED that the motion to vacate order
and stay proceedings be, and it hereby is, denied.
By direction of the Board:
Frank M. Kleiler,
Executive Secretary
KENNETH STEVA AND JESSE A. STEVA d/b/a STEVA STONE
COMPANY and INTERNATIONAL HOD CARRIERS' BUILD-
ING AND COMMON LABORERS' UNION OF AMERICA,
HEAVY CONSTRUCTION LABORERS' LOCAL NO. 663, AFL,
and INTERNATIONAL UNION OF OPERATING ENGINEERS,
HOISTING AND PORTABLE LOCAL NO. 101, AFL, JOINTLY,
Petitioner. Case No. 17-RC-1618. July 29, 1953
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before William J.
Cassidy, hearing officer. The hearing officer's rulings made at
the hearing are free from prejudicial error and are hereby
affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the
Board has delegated its powers in connection with this case
to a three-member panel [Members Houston, Styles, and
Peterson].
Upon the entire record in this case, the Board finds:
1. The Employer is a copartnership whose main office is
located in Richmond, Missouri. The Employer operates a stone
106 NLRB No. 79.