Page:United States Statutes at Large Volume 49 Part 1.djvu/500

 74 TH CONGRESS. SESS. I. CH. 372 . JU LY 5, 1935 . 455 t ional evidence is material and tha t there were reas onable grounds for the failure to adduce such evidence in the hearing before the Boa rd, its me mber, agen t, or age ncy, the c ourt may order such additional evidence to be taken before the Board, its member, agent, or agency, and to be made a part of the transcript. The Boar d may B ard . ication i y modify its findings as to the facts, or make new findings, by reason of additional eviden ce so taken and filed, and it shall file such modi- fied or new findings, which, if supported bjr evidence, shall be con- clusive, and shall f ile its recommendations, 'if any, for the modifica- tion or setting aside of its original order. The jurisdiction of the Jurisdiction of court. Decree final ; review court shall be exclusive and its judgment and decree shall be final, allowed. excep t that the same s hall be subject t o review by the a ppropriate ci rcuit court of a ppeal s if a pplic ation was made t o the dist rict c ourt as hereinabove provided, arid by the Supreme Court of the United States upon writ of certiorari or certification as provided in sections t' .S. C.,p.1271. 239 and 240 of the Judicial Code, as amended (U. S. C., title 28, sees . 346 and 347). (f) Any person aggrieved by a final order of the Board granting as Apoliais n to set or denying in whole or in part the relief sought may obtain a review of such order in any circuit court of appeals of the United States in the circuit wherein the unfair labor practice in question was alleged to have been engaged in or wherein such person resides or transacts business, or in the Court of Appeals of the District of Columbia, by filing in such court a written petition praying that the order of the Board be modified or set aside. A copy of such petition shall be forthwith served upon the Board, and thereu pon the aggrieved party shall file in the court a transcript of the entire record in the proceed- ing, certified by the Board, including the pleading and testimony upon which the order complained of was entered and the findings and order of the Board. Upon such filing, the court shall proceed Procedure, etc. in the same manner as in the case of an application by the Board under subsection (e), and shall have the same exclusive jurisdiction to grant to the Board such temporary relief or restraining order as it deems just and proper, and in like manner to make and enter a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part the order of the Board ; and the findings of the Board as to the facts, if supported by evidence, shall in like manner be conclusive. (g) The commencemen t of proceedings under subsection (e) or (f) StBoa ed by d's co order not mme nce- of this section shall not, unless specifically ordered by the court, me at of proceedings. operate as a stay of the Board's order. (h) When granting appropriate temporary relief or a restraining Jru~rioctioof city order, or making and entering a decree enforcing, modifying, and enforcing as so modified or setting aside in whole or in part an order of the Board, as provided in this section, the jurisdiction of courts sitting in equity shall not be limited by the Act entitled "An Act to Vol . 47, PP 0.s2c . amend the Judicial Code and to define and limit the jurisdiction of courts sitting in equity, and for other purposes ", approv ed March 23, 1932 (U. S. C., Supp. VII, title 29, sees. 101-115). (i) Petitions filed under this Act shall be heard expeditiously, and ° Expeditious hear- if possible within ten days after they have been docketed. INVESTIGATORY POWERS SEC. 11 . For the purpose of all hearings and investigations, which, e ~nvestigatory pow- in the opinion of the Board, are necessary and proper for the exercise _4r:ze, p. 453 . of the powers vested in it by section 9 and section 10- (1) The Board, or its duly authorized agents or agencies, shall at Examinations, recur- 7 b ing evidence, etc. all reasonable times have access to, for the purpose of examination, and the right to copy any evidence of any person being investigated