Owens-Illinois Glass Co.

In the Matter of OwENS-ILLINOIS GLASS COMPANY and FEDERATION OF FLAT GLASS WORKERS OF AMERICA Case No. C-630-Decided February 7, 1939 Evidence : rulings of Trial Examiner preventing introduction of competent, relevant, and material evidence-Order: record set aside in part and new hearing ordered. Mr. Robert H. Kleeb, for the Board. Williams, Eversman cfi Morgan, by Mr. Henry A. Middleton, of Toledo, Ohio, for the respondent. Mary Lemon Schleifer, of counsel to the Board. DECISION AND ORDER Upon a charge and an amended charge duly filed by representatives of the Federation of Flat Glass Workers of America, herein called the Union, the National Labor Relations Board, herein called the Board, by Charles T. Douds, Regional Director for the Sixth Region (Pittsburgh, Pennsylvania), issued a complaint dated February 5, 1938, against Owens-Illinois Glass Company, Fairmont, West Vir- ginia, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices- affecting.. commerce within the meaning of Section 8 (1) and. (3), and Section 2 (6) and (7) of the National Labor Relations'-Act,^ 49 •Stat: -449, herein called the Act. A copy of the complaint and accompanying notice of hearing were duly served upon the respondent and the Union. On February 10, 1938, the respondent filed an answer, in which the respondent denied that it had engaged in the unfair labor practices alleged and prayed that the complaint be dismissed. Pursuant to the, notice of hearing, a hearing was held in Fairmont, West Virginia, between February 17 and March 5, 1938, before John T. Lindsay, the Trial Examiner duly designated by the Board. The Board and the respondent were represented by counsel and partici- pated in the hearing. On April 16, 1938, the Trial Examiner issued an Intermediate Re- port, copies of which were duly served upon the Union and the 11 N. L. R. B., No. 9. 38 OWENS-ILLINOIS GLASS COMPANY ET AL. 39 respondent, finding that the respondent had engaged in unfair labor practices affecting commerce within the meaning of Section 8 (1) and (3), and Section 2 (6) and (7) of the Act, and making certain recommendations. On May 5, 1938, the Trial Examiner issued and duly served upon the parties an Amendment and Supplement to the Intermediate Report. Thereafter, the respondent filed exceptions to the Intermediate Report, alleging, inter alia, that the respondent had been denied full opportunity to be heard, to examine and cross-ex- amine witnesses, and to introduce evidence bearing on the issues, at the hearing. A review of the record reveals that numerous rulings were made by the Trial Examiner during the course of the hearing which pre- -vented the respondent from introducing evidence which was compe- tent, relevant, and material to the issues. We shall, accordingly, order that the record, with the exception of the charge and amended charge, the pleadings, and the motions directed to the pleadings, be set aside and that a new hearing be held. ORDER Pursuant to Section 10 (c) of the National Labor Relations Act and Article II, Section 36, of National Labor Relations Board Rules and Regulations-Series 1, as amended, IT is HERESY ORDERED that the record in the above case, with the ex- .ception of the charge and amended charge, the pleadings and the motions directed to the pleadings, be, and it hereby is, set aside; and IT IS FURTHER ORDERED that a new hearing be held.