Legal Opinion · Dissent

Bethlehem Steel Co. v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided May 12, 1941No. 7503, 7538Published

1DissentStephens, Associate Justice

In my opinion the order of the Board should be set aside and the cause remanded for a new hearing. I think the hearing was vitiated by bias of the examiner, and by the Board’s requirements concerning subpoenas, and that prejudicial error was committed by the denial to the petitioners of the right to adduce certain testimony in defense of the Board’s charges, and that the findings are defectively framed. Even if a fair hearing and the admission of all necessary and relevant testimony and properly drawn findings be assumed — assuming, that is, that the case can properly be decided on this…

2Cases cited92 opinions

  1. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  2. Powell v. AlabamaSupreme Court of the United States · 1932
  3. Tumey v. OhioSupreme Court of the United States · 1927
  4. Thornhill v. AlabamaSupreme Court of the United States · 1940
  5. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937

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