Federal-Mogul Corporation, Petitioner-Cross v. National Labor Relations Board, Respondent-Cross

THORNBERRY, Circuit Judge,

specially concurring:

Most of the issues in this case have in effect been mooted by the union’s success in the fourth representation election at the company’s Hamilton plant. Under these circumstances I think the Board’s “broad form” order is inappropriate, and I thus concur in the result reached by the majdrity regarding the issues discussed in parts I-IV of Judge Skelton’s opinion.

The alleged section 8(a)(3) violations — the discharge of employee Emerson and the suspension of employee Roberts — are more troublesome, and I write separately to emphasize the closeness…