UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
as amended: June 2, 1939.
NATIONAL LABOR RELATIONS BOARD
STACKPOLE CARBON CO.
On Petition for Rehearing.
The respondent, following our decision of May 12, 1939, filed a petition for rehearing upon several grounds. One of these requires brief discussion. Following receipt of the order of the Board the respondent filed with the Regional Director of the Sixth Region of the National Labor Relations Board, at Pittsburgh, a certificate of partial compliance with the decision and order of the Board. This certificate stated that the respondent would comply with the Board's order requiring it to cease from dominating the Stackpole Employees' Association of St. Mary's, from interfering with the formation or administration of any labor organization among the respondent's employees, and that the respondent had repudiated the contract of January 10, 1937, and was withdrawing all recognition from Stackpole Employees' Association. We did not refer to these facts in our opinion of May 12, 1939.
We did not consider the certificate of great importance in view of the fact that the issues to which the certificate related were presented to us for adjudication, the certificate itself stating, "This notification of compliance is, of course, without prejudice to the rights set forth above and shall not be construed as a waiver of any of our objections and exceptions to the proceedings * * * ".
We have considered carefully the matters presented by the petition for rehearing and consider them to be insufficient to require a rehearing of the cause.
Accordingly, rehearing is denied.
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