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IN RE LABOR BOARD, 304 U. S. 486 (1938)

U.S. Supreme Court

In re Labor Board, 304 U.S. 486 (1938)

In re Labor Board

No. 21, Original

Argued May 23, 1938

Decided May 31, 1938

304 U.S. 486


1. To confer jurisdiction upon the Circuit Court of Appeals to review an order of the National Labor Relations Board, the filing and service of the petition are not enough, but a transcript of the Board's proceedings also must be filed with the court. National Labor Relations Act, § 10(d)(e)(f). P. 304 U. S. 491.

2. Where a petition for review has been filed and served on the Board, and the petitioner has requested the Board to furnish a certified transcript of its proceedings but none has been furnished and filed in the court, the Board retains authority, under § 10(d) of the Act, to vacate or modify its order for the purpose of correcting errors which render it inadequate or unjust, and the court has no jurisdiction to restrain the Board from so doing and to require it to file the transcript. Pp. 304 U. S. 491-494.

In the present case, there is no occasion to determine what, if any, relief may be needed by or available to a party who has filed his petition for review where the Board does not desire to modify or set aside its order, but fails or refuses to furnish a transcript of its proceedings.

3. The investiture of the court with jurisdiction to review an order of the Labor Board on the merits only upon the filing of a transcript exhibiting the Board's final action is not a denial of due process. P. 304 U. S. 495.

4. Mandamus and prohibition are appropriate remedies, in the absence of adequate remedy by certiorari, for unwarranted assumption by the Circuit Court of Appeals of jurisdiction over proceedings of the National Labor Relations Board. P. 304 U. S. 496.

Original application by the National Labor Relations Board for writs of mandamus and prohibition directed to the judges of the Circuit Court of Appeals for the Third Circuit. The cause was submitted by the respondents, Hon. Joseph Buffington, Hon. J. Warren Davis, and Hon. J. Whitaker Thompson, Circuit Judges, upon their return to the rule to show cause.

Page 304 U. S. 487

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