Mastro Plastics Corp.

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.