Wyman-Gordon Company v. National Labor Relations Board

For the purpose of deciding the applicability of the notice provision of the Administrative Procedure Act, 5 U.S. C.A. § 1003(a), I view the Excelsior rule as procedural and thus valid despite absence of advance notice. I recognize that this is a ground not relied on by the Board, which seemed to assert a standard defense to a standard assault. But the same shoe fits both parties, for the distinction which divides this court was obviously far from the concern of appellant, which said in its brief, “ * * * it is clear the Board recognized that it was establishing a new rule or procedure in the…