GIACALONE v. N.L.R.B.

No. 81-2494.

682 F.2d 427 (1982)

Leonard GIACALONE, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided June 25, 1982.


Attorney(s) appearing for the Case

Steven B. Harz (argued), Montvale, N. J., for petitioner.

William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Ass'n Gen. Counsel, Carol A. De Deo (argued), Christine Weiner, N. L. R. B., Washington, D. C., for respondent.

Before ALDISERT, GIBBONS and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

In this matter of first impression, we are asked to decide whether under the National Labor Relations Act, 29 U.S.C. § 151 et seq. (the Act), an alleged discriminatee who chose not to participate as a party in proceedings before an administrative law judge, has the right to file exceptions to the recommended order of that judge. The Act does not expressly answer this question. We agree with the National Labor...

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