Owen J. Roberts

“ A court has jurisdiction, in another use of the term, to examine the question whether that power is conferred upon it in the circumstances disclosed but if it finds such power is not granted it lacks jurisdiction of the subject matter and must refrain from any adjudication of rights in connection therewith. Since the statute empowers the Board, before the filing of a transcript, to vacate or modify its orders, certainly it does not confer jurisdiction upon the reviewing court to prohibit the exercise of the granted power. ”

“ The investiture of a court with jurisdiction to review an order on the merits only upon the filing of a transcript exhibiting the Board's final action is not a denial of due process as suggested by counsel. ”

“ In these circumstances the court did not lack jurisdiction to hear and determine the controversy presented by the corporation's application for an order directing the Board to certify the record for filing in court. The act contemplates prompt action. Section 10 (i) , 29 U.S.C.A. § 160 (i) declares that petitions filed under it shall be heard expeditiously 'and if possible within ten days after they have been docketed.' Power under section 10 (d) to change or vacate its order does not enable the Board to delay filing the record. ”