United Aircraft Corp.

In the Matter Of UNITED AIRCRAFT CORPORATION, PRATT & WHITNEY AIRCRAFT DIVISION and INDUSTRIAL AIRCRAFT LODGE 1746, INTER- NATIONAL ASSOCIATION OF MACHINISTS In the Matter Of UNITED AIRCRAFT CORPORATION, HAMILTON STANDARD PROPELLERS DIVISION and LODGE 743, INTERNATIONAL ASSOCIATION OF MACHINISTS Cases Nos. 1-CA-609 and 1-CA-610 RULING ON APPEAL September TI, 1950 The Board, pursuant to Section 203.26 of its Rules and Regulations, having heretofore granted the permission requested by the Respond- ent and the General Counsel to appeal directly to it from a ruling of the Trial Examiner denying a motion to dismiss the complaints in these proceedings; Now therefore, upon a consideration of the pleadings, the record thus far made at the hearing before the Trial Examiner, including the oral argument before the Trial Examiner upon the motion to .dismiss, and of the briefs and memoranda of the parties, the Board* hereby finds and orders as follows : 1. The Trial Examiner, in denying the motion to dismiss, acted in accordance with the authority conferred upon him by Section 10 (b) of the National Labor Relations Act, as amended, and Section 203.25 of the Board's Rules and Regulations. Nothing contained in Section 3 (d) of the Act limits that authority. 2. The Board is of the opinion that, upon the present state of the record in these proceedings, the Trial Examiner's denial of the mo- tion to dismiss was reasonable and proper. 3. The requests for oral argument upon this appeal are denied (Chairman Herzog dissenting), as the record and briefs adequately present the positions of the parties. * Member Reynolds not participating. 91 NLRB No. 76. 215 216 DECISIONS OF NATIONAL LABOR RELATIONS BOARD The ruling of the Trial Examiner is hereby affirmed and the appeal is dismissed. Dated, Washington, D. C., September 12, 1950. By direction of the Board : FRANK M. KLEILER, Executive Secretary.