The Michigan chronicle. [volume] (Detroit, Mich.) 1936-current, 1942-12-26
FEPC Drafts Model Bill
For February Hearing Here

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/ or in part, any finding or order
made or issued by it.
Section 9. The Department Of La
Dor and Industry shall have power
to petition the Supreme Court OF
the State of Michigan for the en-.
forcement OF such order and for
appropriate temporary relief or re-
straining order and shall certify and
file in the Supreme Court a tram
script OF the entire record in the
proceeding including the pleadings
and testimony upon which such or
der was entered and the findings
and order of the Department Of
Labor and Industry.
Section 10. Upon such filing, the
court shall cause notice thereof TO
be served upon such employer. and
I thereupon shall have jurisdiction of
the proceeding and Of the question
determined therein, and shall have
power to grant such temporary re-
lief or restraining order as it deems
Just and proper, and to make and
to enter upon the pleadings, testi-
mony, and proceedings set forth
/ in such transcript ? decree enforc.
ing, modifying, and enforcing as so
modified, or setting aside in whole
or in part the order OF the Depart
ment of Labor an Industry. No OBJ
lection that has not been urged be-
fore the Department of Labor and
Industry shall be considered by the
court, unless the failure or neglect
to urge such objection shall be ex.
cused because of extraordinary cir.
cumstances The findings of the De.
partment of Labor and Industry as
to the facts. if supported by any
evidence. shall be conclusive. II
either party shall apply to the court
for leave 10 adduce additional evi.
dence and shall show TO the salts
faction of the court that such addi-
tional evidence is material and that
there were reasonable grounds for
the failure TO adduce such evidence
in the hearing before the Depart
ment of Labor and Industry. the
court may order such additional
evidence 10 be taken before the De.
partment of Labor and Industry.
and to be made a part OF the tram
script The Department of Labor
and Industry may modify its find
ings as TO the facts, or make new
findings, by reason Of additional
evidence so taken and filed, and il
shall file such modified or new find
inss. which. if supported by evil
dence shall be conclusive, and shall
file its recommendations il any, foI
the modification or setting aside o.
its original order.
Supreme Court Action
Section l,-Any person aggrieveG
by an order OF the Department o.
Labor and Industry granting or de.
nying in whole or in part the relief
sought may obtain a review of such
torder in the Supreme Court OF the
State Of Michigan by filing in such
court a written petition praying
that the order OF the Department
Of Labor and Industry be modified
or set aside. A copy Of such peti.
ton Shall be forthwith served upon
the Department Of Labor and In
dustry, and thereupou the aggrieved
party shall file in the Supreme
Court transcript Of the entire rec
ord in the proceeding certified by
the Department Of Labor and In
dustry. Upon such filing the court
shall proceed in the same manner
as in the case Of an application by
the Department OF Labor and In
dustry under Section 10 and shall
have the same jurisdiction 10 grant
10 the Department of Labor and
Industry such temporary relief or
restraining order as il deems just
and proper; and in like manner to
make and enter a decree enforcing,
modifying and enforcing as SO mod
ied. or setting aside in whole or
in part the order Of the Department
Of Labor and Industry as TO the
facts. if supported by any evidence,
shall in like manner be conclusive.
Failure 10 comply with an order Of
the State Supreme Court shall con-
stitute contempt.
Section IL. The commencement Of
proceedings under Sention 10 or IL
shall not, unless specifically ordered
by the court, operate as a stay OF
the Department OF Labor and In
| dustry order.
j Section 10. The powers and duties
conferred upon the Department Of
Labor and Industry in this Act
shall be exercised by one or more
Of the Commissioners or Deputy
| Commissioners of the Department
OF Labor and Industry as said Com
missioners shall provide by rule.
| Said Commissioners or Deputy
| Commissioners shalt have the same
pore TO issue subpoenas requiring
the attendance and testimony Of wit
ness and production Of evidence
and to administer as oaths or affir-
nations, examine witnesses and re-
Ceive evidence as Judges Of the
Circuit Courts of this State.
Section IA. In case Of contumacy
or refusal TO obey a subpoena is
sued in accordance with the preced-
ing section the Department of La
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