"Absent a showing of abuse of discretion or actual prejudice," a challenge to a failure to produce documents prior to an NLRB hearing will be rejected
How later courts described this case
- "Absent a showing of abuse of discretion or actual prejudice," a challenge to a failure to produce documents prior to an NLRB hearing will be rejected
- “[N]either the [C]onstitution nor the Administrative Procedure Act confer[s] a right to discovery in federal administrative proceedings.”
Written by the judges who cited it.
The opinion
ORDER SUR PETITION FOR REHEARING
. The NLRB has filed a petition for rehearing in banc “insofar as the panel majority declined to enforce the Board’s order requiring Supervisor Helen Chizmar reinstated with back pay.” A majority of the active judges of the court have voted for rehearing in banc as to Helen Chizmar. A rehearing in banc is hereby granted solely on the issue of whether the Board’s order should be enforced as to Helen Chizmar. Solely as it pertains to Helen Chizmar, the panel’s opinion is vacated at 893 F.2d 1480 -1482, and we stay the entry of any judgment.