National Labor Relations Board,petitioner v. Pepsi Cola Bottling Company of Fayetteville, Incorporated

Enforcement denied and case remanded with instructions by published opinion. Judge WILLIAMS wrote the opinion, in which Judge NIEMEYER and Judge KING joined.

OPINION

WILLIAMS, Circuit Judge:

In this case, the Pepsi Cola Bottling Company of Fayetteville, Inc., (Pepsi), appeals from an order of the National Labor Relations Board (NLRB) ordering the payment of backpay to employees Christopher Hyatt and Robert Munn. Because Pepsi was prevented from introducing relevant evidence at the compliance proceeding which is necessary to evaluate the amount of Pepsi’s backpay liability with respect to Hyatt,…