Opinion
No. 445.
February 9, 1942.
Petition for Review of an Order of the National Labor Relations Board.
Proceeding by the Kansas City Power and Light Company against the National Labor Relations Board to review an order of the Board wherein the Association of Employees of the Kansas City Power and Light Company intervened and wherein a petition was filed for a determination that the Kansas City Power and Light Company and others were in contempt for violation of order of court. On motion to vacate rule to show cause or to strike petition and supporting affidavits and on motion to strike certain parts of the answer.
Motions denied.
Irvin Fane and Ludwick Graves, both of Kansas City, Mo. (Albert E. Meder, of Detroit, Mich., Johnson, Lucas, Graves Fane, of Kansas City, Mo., and Beaumont, Smith Harris, of Detroit, Mich., on the brief), for Kansas City Power Light Co. and others.
Gerhard P. Van Arkel and Marion A. Prowell, both of Washington, D.C., Attys., National Labor Relations Board (Robert B. Watts, Gen. Counsel, National Labor Relations Board, Malcolm F. Halliday, Asst. Gen. Counsel, National Labor Relations Board, and Maurice J. Nicoson, all of Washington, D.C., Atty., National Labor Relations Board, on the brief), for National Labor Relations Board.
Before STONE, SANBORN, and THOMAS, Circuit Judges.
This is a contempt proceeding based upon alleged violation of an order of this Court enforcing certain provisions of an order of the National Labor Relations Board. Respondents are the Kansas City Power and Light Company, Chester C. Smith (its president) and A.E. Bettis (its vice-president). Separate answers to the show cause order have been filed by the various respondents. Both the petition and the answers are supported by affidavits. Respondents have filed a joint motion to vacate the rule or, alternatively, to strike the petition and supporting affidavits as insufficient. Petitioner has filed a motion to strike certain designated parts of the answer of respondent company.
The motion to strike portions of the above answer will be denied. With some hesitation, the above joint motion to vacate or dismiss is denied. Consideration of the character of the main issue of fact and of the fact situation in this proceeding impresses us as being such as can be determined more certainly and justly upon evidence (with opportunity for cross-examination) than upon exparte affidavits. Therefore, a special master will be appointed to take and return to this Court such evidence with his recommendations.