Opinion
No. 4204.
January 3, 1947.
Petition for enforcement of an order of the N.L.R.B.
Petition by the National Labor Relations Board against Oscar Cutler and another, doing business as the Atlas Coil Spring Company, and against Louis J. Kelty, individually, and doing business as the Kelty Machine Works, for enforcement of an order of the Board.
Petition granted.
Arnold Ordman, of Washington, D.C. (Gerhard P. Van Arkel, Gen. Counsel, Morris P. Glushien, Assoc. Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, and Marcel Mallet-Prevost and Thomas B. Sweeney, all of Washington, D.C., on the brief), for petitioner.
Julius Kirle, of Boston, Mass., for respondent Oscar Cutler.
Before MAHONEY and WOODBURY, Circuit Judges, and FORD, District Judge.
Since the respondents in this case urged no objections at any stage of the proceedings before the Board, and since no "extraordinary circumstances" are suggested to excuse their failure or neglect to do so, they cannot now object to a decree enforcing the Board's order. See § 10(e) of the National Labor Relations Act, 49 Stat. 454, 29 U.S.C.A. § 160(e); National Labor Relations Board v. Cheney California Lumber Co., 327 U.S. 385, 388, 389, 66 S.Ct. 553, and cases cited. Moreover an examination of the record discloses that the Board's order is supported by substantial evidence.
A decree will be entered enforcing the order of the Board.