Dwight-Eubank Rambler, Inc., D/B/A Al Ortale Rambler v. National Labor Relations Board

Dwight-Eubank Rambler, Inc., d/b/a Al Ortale Rambler (Dwight-Eubank), petitions for a review of a cease and desist order entered against it on June 11, 1965, by the National Labor Relations Board. The Board cross-petitions for enforcement of its order. The Board’s decision and order are reported at 152 NLRB 1433 . The sole question presented is a procedural one arising from the fact that a Board file containing statements and affidavits of prospective witnesses, and other documents, had been lost and was not available at the time of the agency hearing.

In November and December, 1963, International Association of Machinists (AFL-CIO) (Union) filed with the Board’s regional office in Los Angeles, unfair labor practice charges against Dwight-Eubank. Board attorneys employed in the regional office conducted an investigation during which a number of individuals were interviewed. Sworn affidavits or signed statements were made in the course of these interviews and placed in the Board’s regional office file.

Sometime between mid-January and mid-February, 1964, this file was forwarded to the General Counsel’s office in Washington, D. C. A few weeks later the regional office was notified…