U. S. Truck Company, Incorporated

In the Matter of U. S. TRUCK COMPANY, INCORPORATED and INTER- NATIONAL UNION, UNITED AUTOMOBILE WORKERS OF AMERICAI LOCAL 174 Case No. C-543 SUPPLEMENTAL DECISION AND ORDER May 11, 1939 On February 24, 1939, the National Labor Relations Board, herein called the Board, issued a Decision and Order 1 in the above-entitled proceeding. Thereafter, U. S. Truck Company, Incorporated, herein called the respondent, filed a "Petition to Re-open the Proofs and to Take the Testimony of Robert F. Jones, Vice-President of U. S. Truck Company, Inc.," dated March 6, 1939, and a brief in support of the said petition. On March 16, 1939, the Board, having duly considered the matter, denied the said petition.2 Thereafter, the respondent filed a "Supplemental Petition to Re-open the Proofs and to Take the Testi- mony of Robert F. Jones, Vice-President of U. S. Truck Company, Inc.," dated April 22, 1939. The respondent seeks to reopen the record for the sole purpose of including therein the testimony of Jones, who was absent from the city of Detroit, Michigan, during the hearing in this proceeding, which was held in that city. If Jones' testimony were essential to the re- spondent's defense, as is now claimed, the respondent should have made some effort at, or prior to the time of, the hearing to meet the circum- stance of Jones' absence. At no time, however, did the respondent object to the hearing being conducted in Jones' absence. Nor did the respondent, prior to the issuance of said Decision and Order, request that the record be reopened, or offer to have Jones' deposition taken under oath, which is provided for in Article II, Section 20, of National Labor Relations Board Rules and Regulations-Series 1, as amended. In order to effectuate the policies of the National Labor Relations 1 11 N. L. R. B. 706. 'The Board's Order denying the petition was duly served on all the parties. 12 N. L. R. B., No. 88. 828 U. S. TRUCK COMPANY, INCORPORATED 829 Act, it is essential that the cases coming before the Board be concluded as expeditiously as possible. We think that the respondent's failure to make a timely objection precludes it from so doing after the issuance of the Board's Decision and Order. The Board having duly considered the matter, IT IS HEREBY ORDERED that the said "Supplemental Petition to Re- open the Proofs and to Take the Testimony of Robert F. Jones, Vice- President of U. S. Truck Company, Inc." be, and it hereby is, denied.