U. S. Truck Company, Incorporated

National Labor Relations Board - Board Decisions

May 11, 1939

12 N.L.R.B. 828 (N.L.R.B. 1939)

In the Matter of U. S. TRUCK COMPANY, INCORPORATED and INTER-
NATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICAI LOCAL
174
Case No. C-543
SUPPLEMENTAL DECISION
AND
ORDER
May 11, 1939
On February 24, 1939, the National Labor Relations Board, herein
called the Board, issued a Decision and Order 1 in the above-entitled
proceeding. Thereafter, U. S. Truck Company, Incorporated, herein
called the respondent, filed a "Petition to Re-open the Proofs and to
Take the Testimony of Robert F. Jones, Vice-President of U. S. Truck
Company, Inc.," dated March 6, 1939, and a brief in support of the
said petition. On March 16, 1939, the Board, having duly considered
the matter, denied the said petition.2 Thereafter, the respondent filed
a "Supplemental Petition to Re-open the Proofs and to Take the Testi-
mony of Robert F. Jones, Vice-President of U. S. Truck Company,
Inc.," dated April 22, 1939.
The respondent seeks to reopen the record for the sole purpose of
including therein the testimony of Jones, who was absent from the city
of Detroit, Michigan, during the hearing in this proceeding, which
was held in that city. If Jones' testimony were essential to the re-
spondent's defense, as is now claimed, the respondent should have made
some effort at, or prior to the time of, the hearing to meet the circum-
stance of Jones' absence. At no time, however, did the respondent
object to the hearing being conducted in Jones' absence. Nor did the
respondent, prior to the issuance of said Decision and Order, request
that the record be reopened, or offer to have Jones' deposition taken
under oath, which is provided for in Article II, Section 20, of National
Labor Relations Board Rules and Regulations-Series 1, as amended.
In order to effectuate the policies of the National Labor Relations
1 11 N. L. R. B. 706.
'The Board 's Order denying the petition was duly served on all the parties.
12 N. L. R. B., No. 88.
828
U. S. TRUCK COMPANY, INCORPORATED 829
Act, it is essential that the cases coming before the Board be concluded
as expeditiously as possible. We think that the respondent's failure to
make a timely objection precludes it from so doing after the issuance
of the Board's Decision and Order.
The Board having duly considered the matter,
IT IS HEREBY ORDERED that the said "Supplemental Petition to Re-
open the Proofs and to Take the Testimony of Robert F. Jones, Vice-
President of U. S. Truck Company, Inc." be, and it hereby is, denied.