Evening star., 1937-09-09

board is supposed to make an investi-
cation. The purpose is to see whether
there is some substance to the charges.
This is what the Federal Trade Com
mission and other agencies of the
Government do when the issuance of
Complaint" is asked for by some one
who thinks he has been the victim of
unfair competition. Once the com
plant" is issued, however, it becomes
the duty of the board or governmental
commission to try the charges out
at formal hearing.
The newspapers have lately printed
many dispatches telling how trial
examiners acting for the National
Labor Relations Board have refused
arbitrarily to hear witnesses or to
accept certain testimony. Usually the
contention has been that employees
evidence is admitted but employers
rebuttal is not allowed to be heard.
Examiners Report.
Whatever may be the merit of this
particular aspect of the question, the
fact remains that the record in a
given case is by no means completed
when the trial examiner gets through
with the hearing and makes his report.
The National Labor Relations Board
itself can reopen the hearing and
admit the testimony to which objection
has been made by the trial examiner.
Or the employer can take the issue to
court and get the testimony inserted
into the record that way and perhaps
get the ruling reversed by the court
because important testimony was not
admitted. A few reversals by the
courts on points of this kind will tend
to make the trial examiners much
more judicial and fair-minded in
admitting testimony to the record.
The national labor relations act
Itself, provides that the boards find
ing Of facts" shall be Conclusive"
but that the court may admit testi-
money not previously heard. The sec
ton of the law on this point Is as
follows:
The findings of the board as TO the
facts, If supported by evidence, shall
be conclusive. II either party shall
apply to the court for leave to adduce
additional evidence and show to the
satisfaction Of the court that such
additional evidence is material and
that there were reasonable grounds
for the failure to adduce such evidence
IN the hearing before the board, its
member, agent or agency, the court
may order such additional evidence to
be taken before the board, its member,
agent, or agencies, and to be made
part of the transcript.
THE board may modify its findings
As to the facts or make new findings
by reason of additional evidence so
taken and filed, and it shall file such
modified or new findings which, If
supported by evidence, shall be con-
elusive, and shall file its recommended
tions, If any, for the modification or
setting aside of its original order.
'The jurisdiction Of the court shall
be exclusive and its Judgment and
decree shall be final, except that the
same shall be subject to review by
tho appropriate Circuit Court of
Appeals If application is made to the
District Court, as herein above pro-
vided, and by the Supreme Court of
khe United States upon writ of certi-
praoi ."
Failure TO Accept Evidence.
Certainly the failure Of a trial
examiner to accept evidence offered
would be considered by a court
Reasonable ground for the failure to
adduce such evidence for the record.
All in all. the employer has the
opportunity to get a fair record by