United Food and Commercial Workers International Union Local No. 576, Afl-Cio v. National Labor Relations Board

McGOWAN, Senior Circuit Judge:

This direct review of a National Labor Relations Board finding of an unfair labor practice by a picketing union presents the question of whether the Board erred in refusing to entertain a defense based upon evidence that the General Counsel had previously considered in refusing, at the union’s request, to issue an unfair labor practice complaint against the employer. For the reasons hereinafter appearing, and by reference to the precise circumstances of this case, we hold that the Board’s action did not give the union the opportunity to defend itself contemplated…