The opinion
WASHINGTON, Circuit Judge
(dissenting) .
The “bugging” of the hotel rooms of the Union negotiators is to me a clear violation of Section 8(a) (1) of the National Labor Relations Act. No matter how it was arranged, or on what pretext, the Continental Bus System negotiator was advised of it while negotiations with the Union were in progress, listened to recordings (though he says he did not understand them), and allowed the “bugging” to continue. Continental paid $5,087.05' for “Services Rendered,” on bills which did not contain any itemized description of the services being paid for: other bills for “Janitor Services,” “Guard Service” and “Patrol Service” were itemized, and were paid, in addition to the unitemized bills. It would seem most unrealistic to conclude — as the Board apparently did — that no payment was made by Continental for the surveillance, or that Continental would not have taken advantage of any useful information uncovered. Perhaps Continental did not initiate the surveillance *269 and got no actual advantage from it. But that is not the question. The conduct was not only reprehensible but held the potential of giving great (and unfair) advantages to Continental in its negotiations. Yet Continental neither took steps to stop it nor to advise the Union that it had occurred or was continuing. I think an unfair labor practice was thus committed, and that the case should be remanded to the Board for reconsideration of the charges made under Section 8(a) (5) in the light of the violation of Section 8(a) (1).