ADMINISTRATIVE LAW - LABOR LAW - FEDERAL COURTS - EQUITY - PROPRIETY OF INTERROGATORIES DIRECTED TO THE MEMBERS OF THE NATIONAL LABOR RELATIONS BOARD

Authors

Michigan Law Review, University of Michigan Law School

Abstract

The National Labor Relations Board brought a proceeding under section 10 of the National Labor Relations Act for the enforcement of an order to cease certain unfair labor practices, its petition stating that the board had considered the case before it and upon all the testimony and evidence made its findings of fact and issued its order. The answer alleged that the board did not consider the evidence but referred it to others for suggested findings of fact, and that with no opportunity to respondent to know of or criticize the suggestions they were adopted by the board without further inquiry or investigation. Under Equity Rule 58 respondent filed interrogatories to be answered by the board. The board objected, inter alia, that Equity Rule 58 applied only to equity proceedings in the district courts and that the interrogatories related to matters not competent to be inquired of by the court. Held, interrogatories granted by analogy to the procedure provided in Equity Rule 58: "we are of opinion that the method of making this order ought to be enquired of by this court before undertaking to enforce it." National Labor Relations Board v. Cherry Cotton Mills, (C. C. A. 5th, 1938) 98 F. (2d) 444 at 447.

Recommended Citation

Michigan Law Review, ADMINISTRATIVE LAW - LABOR LAW - FEDERAL COURTS - EQUITY - PROPRIETY OF INTERROGATORIES DIRECTED TO THE MEMBERS OF THE NATIONAL LABOR RELATIONS BOARD, 37 Mich. L. Rev. 1121 (1939).
Available at: https://repository.law.umich.edu/mlr/vol37/iss7/10