The Pure Oil Co.

1248 NAT[ONAL LABOR 1{ELATIONS BOARD In the Matter of THE PURE OIL COMPANY and OIL WORKERS INTERNATIONAL UNION LOCAL 228 Case No. C-4 9 SUPPLEMENTAL ORDER November,08, 1938 On April 23, 1938, the National Labor Relations Board, herein called the Board, issued its Decision and Order in the above-entitled proceeding I. based upon a stipulation consenting to such an order entered into by The Pure Oil Company, herein called the respondent, and the Board. Thereafter,'on September 6, 1938, the Board served notice on all of the parties of its intention to vacate and set aside its findings of fact and order on September 12, 1938, unless sufficient cause to the contrary should appear. On September 10, 1938, the .respondent filed its objection to the proposed vacation and setting aside of the Board's findings of fact and order, and requested a hear- ing for the purpose of oral argument. Pursuant to notice such a hearing was held before the Board at Washington, D. C., on October 27, 1938. The respondent and Oil Workers International Union, Local 228, participated and filed briefs, which we have considered. The position of the respondent is that the Board has no power to set aside its findings of fact and order in this proceeding. Further- more, in its brief, it contends, "If any acts of respondent occurring since the submission of the case to the Board constitute acts alleged by the charge and complaint and found by the Board to have been wrongful, such acts must necessarily constitute infractions of the Board's order, and must be dealt with tinder the procedure provided by Section 10 (e) of the National Labor Relations Act." It would of course be impossible for acts occurring since the issuance of a com- plaint to be alleged in it. We, therefore, interpret the quoted lan- guage to have reference to acts of the same type as those alleged in the complaint and covered by the Board's order. Consequently, the respondent's position is that in the present proceeding such acts are to be dealt with by the procedure provided by the Act for enforce- ment of Board orders upon petition to the appropriate Circuit Court of Appeals. Upon this position of the respondent, and without here deciding the question of the power of the Board in the premises, we shall, in the exercise of our discretion, order the notice of September 6 with- drawn. It is therefore, ORDERED that the notice of September 6, 1938, be, and it hereby is, withdrawn. 16 N. L. R.B.818. 9 N. L. R. B., No. 116.