Virginia Electric & Power Co.

National Labor Relations Board - Board Decisions

Apr 3, 1942

40 N.L.R.B. 297 (N.L.R.B. 1942)

In the Matter of VIRGINIA ELECTRIC & POWER COMPANY and
TRANSPORT WORKERS UNION OF AMERICA
In the Matter of • VIRGINIA ELECTRIC & POWER COMPANY and
AMALGAMATED ASSOCIATION OF -STREET , ELECTRICAL RAILWAY ,AND
MOTOR COACH EMPLOYEES OF AMERICA, AN UNINCORPORATED ASSO-
CIATION
11n the Matter Of VIRGINIA ELECTRIC & POWER COMPANY and
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS
Cases Nos. C-914, C-915, and C-916, respectively
ORDER VACATING AND SETTING ASIDE DECISION AND
ORDER , AND DIRECTING ISSUANCE OF, PROPOSED
FINDINGS OF FACT, PROPOSED CONCLUSIONS OF
LAW, AND PROPOSED ORDER
April 3,194
The Board , on February 27, 1940, having issued a Decision and
Order 1 in the above -entitled matter; and , thereafter , petitions to
review and set aside the said Order having been filed in the United
States Circuit Court of Appeals for the Fourth Circuit by Inde-
pendent Organization of Employees of Virginia Electric & Power
Company and respondent ; the Board having answered and requested
enforcement of its said Order; the matter having been presented to
the said Circuit Court on briefs and oral argument ; and, thereafter,
on November 12, 1940, the said Circuit Court having entered its De-
cision and Decree vacating and setting aside the aforesaid Order
of the Board and denying the Board 's request for enforcement thereof;
the said cause having been taken to the Supreme Court of the United
States by virtue of a writ of certiorari ; and the mandate of the said
Supreme Court reversing the decree of the said Circuit Court entered
as aforesaid on November 12, 1940, and remanding the cause to the
said Circuit Court with directions to remand to the National Labor
Relations Board for a redetermination of the issues in the case
in the light of the opinion entered by the said Supreme Court on
December 22, 1941, having been filed in the said Circuit Court on
120 N. L.R.B 911
40 N. L. R. B., No. 52
297
298 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
January 28, 1942; and the said Circuit Court having entered its
Order on March 9, 1942, remanding the cause to the National Labor
Relations Board for a redetermination of the issues in the case in the
light of the said opinion of the said Supreme Court of the United
States; and the Board having duly considered the matter and being
advised in the premises, -
IT Is HEREBY ORDERD that the aforesaid Decision and Order of
the National Labor Relations Board issued February 27, 1940, be,
and it hereby is, vacated and set aside; and
IT IS FURTHER ORDERED , pursuant to Article II, Section 37 (c) of
National Labor Relations Board Rules and Regulations-Series 2,
as amended, that Proposed Findings of Fact, Proposed Conclusions
of Law, and Proposed Order shall' be issued; and
IT Is FURTHER ORDERED , pursuant to Article II, Section 37, of the
said Rules and Regulations, that the parties herein shall have the
right; within thirty (30) days from the date of the said Proposed
Findings- of Fact, Proposed Conclusions of Law, and Proposed
Order, to file exceptions and a brief in- support thereof, and that
the said parties shall have the right, within twenty (20) days from
the date of the said Proposed Findings of Fact, Proposed Conclu-
sions of Law, and Proposed Order, to request oral argument before
the Board.
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