UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT
July 16, 1940
M. H. RITZWOLLER CO.
NATIONAL LABOR RELATIONS BOARD.
On Petition for Rehearing.
On petition for rehearing in the above entitled matter, petitioner raises the question as to the validity of that portion of the Board's order which requires petitioner to pay over "to the appropriate fiscal agency of the Federal, State, county municipal, or other government or governments which supplied the funds for said work-relief projects." Nothing was said concerning this requirement either in petitioner's original brief or in the Board's brief. It is mentioned, but not argued, in petitioner's reply brief. The requirement is shown in a footnote of the Board's order as found in the Transcript of Record. The question, therefore, was not considered or decided.
We have recently, in Stewart Die Casting Corporation v. National Labor Relations Board, 7 Cir., 114 F.2d 849, decided July 3, 1940, held that the Board is without authority to make such requirement. There is no occasion to repeat or further discuss what we said in that case.
In addition to the modification suggested in our original opinion, the Board's order is further modified in conformity with this additional holding, and as so modified its request for enforcement is allowed.
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