holding that an employer was not entitled to a rehearing before the Board concerning a violation found by the ALJ that had not been charged in the complaint and that had not been considered or argued by either party
How later courts described this case
- holding that an employer was not entitled to a rehearing before the Board concerning a violation found by the ALJ that had not been charged in the complaint and that had not been considered or argued by either party
Written by the judges who cited it.
The opinion
FRANK, Circuit Judge
(concurring).
I concur in the result. I do not join in the statement that it is not an unfair labor practice for an employer to address his employees in working hours if only the employer permits union solicitation in nonworking hours. We need not here decide that issue; much can be said for an opposite conclusion in the light of our opinion in Bonwit Teller, Inc. v. N. L. R. B., 2 Cir., 197 F.2d 640 .