International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (Uaw) v. National Labor Relations Board

The National Labor Relations Board (hereinafter the “Board”) is permitted *1349to draw reasonable inferences from facts presented to it, Republic Aviation Corp. v. NLRB, 324 U.S. 793, 800, 65 S.Ct. 982, 89 L.Ed. 1372 (1945), including an adverse inference from the failure to produce relevant evidence. NLRB v. Wal-lick, 198 F.2d 477, 483 (3rd Cir. 1952). The majority concludes that in the case at bar the Board must draw an adverse inference from Gyrodyne’s failure to produce the requested documents.1 While I concur in the thirty day reprieve granted Gyrodyne, I respectfully dissent from the…