Cello-Foil Products, Inc., 1189 (1968)

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Cello-Foil Products, Inc., 1189 (1968)

CELLO-FOIL PRODUCTS, INC. 1189

Cello-Foil Products, Inc. and Hazel M. Short. Case 7-CA-5932

June 10, 1968 DECISION AND ORDER

BY CHAIRMAN MCCULLOCH AND MEMBERS BROWN

AND JENKINS

On September 18, 1967, Trial Examiner Louis Libbin issued his Decision in the above-entitled proceeding, finding that Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision.

Thereafter, Respondent filed exceptions to the Trial Examiner's Decision, the exceptions, the Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with this case to a threemember panel.

The Board has reviewed the rulings of the Trial Examiner made at the hearing, and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board has considered the Trial Examiner's Decision, the exceptions, the brief, and the entire record in this case, and hereby adopts the Trial Examiner's findings, conclusions, and recommendations, with the following addition.

After the hearing had begun, Respondent moved to continue it until such time as Respondent's president, Weik, returned from Germany. Respondent contended that because Weik's name had not been mentioned in the complaint, it had no way of knowing that Weik's testimony might be important to its defense and that when it became apparent that the General Counsel was relying on statements made by or to Weik, the Trial Examiner should have granted Respondent's motion for a continuance.

We do not agree. The motion to continue the hearing was addressed to the sound discretion of the Trial Examiner.' Although the Trial Examiner...

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