The opinion
EDWARDS, Circuit Judge
(dissenting).
Subsequent to the tally of ballots in a representation election, the rules of the National Labor Relations Board provide that either party may file protests within five days. The rules of the National Labor Relations Board also provide for service of copies of that protest “immediately” upon the opposite party. 1
It is clear from the record in this case that no attempt was ever made by respondent to comply with this latter requirement. As a result, the hearing on respondent’s protest was never held.
It is hard to contemplate proceeding to a hearing under any concept of due process where the opposite party has not been served in advance with information concerning the complaint to be heard. Certainly this has been a longstanding National Labor Relations Board requirement which has been administered with an even hand. General Time Corp., 112 N.L.R.B. 86 (1955); Phillips Petroleum Co., 122 N.L.R.B. 1351 (1959).
If we dealt herein with irregular or somewhat delayed service of objections, where nonetheless the opposite party’s right to know what to meet at the hearing had been satisfied, rigid compliance with such an administrative rule might have all the objectionable features which the opinion of the court sets forth.
Here it is clear that no service was ever attempted or had. Therefore, the effect of this decision appears to me to invalidate a perfectly reasonable rule of procedure which the National Labor Relations Board is specifically authorized to adopt. National Labor Relations Board v. A. J. Tower Co., 329 U.S. 324 , 67 S.Ct. 324 , 91 L.Ed. 322 (1946).
I dissent.
. “* * * [c]opies of such objections shall immediately be served upon each of the other parties by the party filing them, and proof of service shall be made.” N.L.R.B. Rules and Regulations and Statements of Procedure, Series 8, Section 102.69(a).