WISDOM, Circuit Judge:
The National Relations Board seeks enforcement of its order against Temple-Eastex, Incorporated, based on the finding that Temple-Eastex violated Sections 8(a)(5) and 8(a)(1) of the National Labor Relations Act when it refused to grant a union's request for information concerning employees outside of the bargaining unit represented by the union. Because the Board based its finding on a theory never presented by the General Counsel during the...
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