The opinion
J. SKELLY WRIGHT, Circuit Judge
(concurring in part and dissenting in part):
I am in full agreement with Chief Judge Brown’s excellent opinion except insofar as he would remand this case to the Board to determine whether Carter might have been dismissed for a legal reason subsequent to his discharge for an illegal one. The Board found, and this court accepts its finding, that but for his union activities Carter would have been given the opportunity to explain to the company the factors resulting in his “disapproved” personnel rating. Had he not been fired illegally such a hearing would have been held promptly. Consequently, that he has not been afforded such a hearing is the fault of the company, and the Board, as expressly authorized by the statute, was justified in ordering reinstatement and back pay to the present. It will be soon enough for the company, in the first instance at least, to determine whether it still wants to, and can legally, discharge Carter once it has complied with its obligation to reinstate him.
I would enforce the Board’s order in full.