Page:United States Statutes at Large Volume 49 Part 1.djvu/499

 454 Appearance and an- swer of accused. Prevailing rules of evidence; effect of. Preservation of test i- and desist or- ders. Repo rts of c ompl i- ance; requirement. Dismissal of com- plaint. Modification, etc ., of orde r. Enforcement. Board authorized to petiti on any circui t court of appeals. Temporary restrain- ing order pro vided. Papers to be filed. No ti ce ; jurisdicti on and power s of cour t. Objections; consider- ation of. Findings conclusive of fac ts. Additional evidence. mony-Cease 74TH CONGRESS. SESS. I. CIA. 372 . JULY 5, 1935. or the Board in its discretion at any time prior to the issuance of an order based thereon. The person so complained of shall have the right to file an answer to the original or amended complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint. In t he discretion of the member, agent or agency conducting the hearing or the Board, any other person may be allowed to intervene in the said proceeding and to present testimony. In any such proceeding the rules of evidence prevailing in courts of law or equity shall not be controlling. (c) The testimony taken by such member, agent or agency or the Board shall be reduced to writing and filed with the Board. Thereafter, in its discretion, the Board upon notice may take fur- ther testimony or hear argument. If upon all the testimony taken the Board shall be of the opinion that any person named in the complaint has engaged in or is engaging in any such unfair labor practice, then the Board shall state its findings of fact and shall issue and cause to be served on such person an order requiring such person to cease and desist from such unfair labor practice, and to take such affirmative action, including reinstatement of employees with or without back pay, as will effectuate the policies of this Act. Such order may further require such person to make reports f rom time to time show ing the extent to wh ich it has com- plied with the order. If upon all the testimony taken the Board shall be of the opinion that n o person named in th e complaint has engaged i n or is engaging in a ny such unfair labor practice, then the Board shall state its findings of fact and shall issue an order dismissin g the said complaint. (d) Until a transcript of the record in a case shall have been filed in a court, as hereinafter provided, the Board may at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any finding or order made or issued by it. (e) The Board shall have power to petition any circuit court of appeals of the United States (including the Court of Appeals of the District of Columbia), or i all the circuit courts of appeals to which application may be made are in vacation, any district court of the United States (including the Supreme Court of the District of Columbia), within any circuit or district, respectively, whe rein the unfair labor practice in questio n occurred or wherein such pers on resides or transac ts business, for the enforcement of such order and for appropriate temporary relief or restraining order, and shall certify and file in the court a transcript of the entire record in the proceeding, including the pleadings and testi- mony upon which such order was entered and the findings and order of the Board. Upon such filing, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and ent er upon the pleadings, testimony, and pro ceedings set forth in such transcript a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the Board. No objection that has not been urged before the Board, its mem ber, agent or agency, shall be considered by the court, unless the failure or neglect to urge such objection shall be excused because of extraordinary circumstances. The findings of the Board as to the facts, if supported by evidence, shall be conclusive. If either party shall apply to the court for leave to adduce additional evi- d ence an d shal l show to the satisf action of th e court that such ad di-