United Aircraft Corp.

National Labor Relations Board - Board Decisions

Sep 12, 1950

91 N.L.R.B. 215 (N.L.R.B. 1950)

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.