c30:No. 7551

GOODRICH, Circuit Judge
(dissenting in part).
Our dissent in this case is to the same point as that raised in the Oughton case decided this day and referred to in the majority opinion. It seems to us that the question of the existence of union membership in a majority of the employees of a given employer at the time of a hearing concerning unfair labor practices is a relevant question. The trial examiner evidently considered it relevant to the extent that he received testimony tending to prove that the relinquishment of union membership in this case was due to unfair labor practice on the part of the employer. But testimony offered to the effect that the employees revoked their authorization voluntarily was rejected. How the testimony is relevant for presentation for one side but not the other is hard to understand. We believe •that this conflicting testimony .presented an important relevant issue and that the action of the examiner in rejecting it and of the Board in approving the rejection was error.
The majority of the court in stating that the issue presented by the testimony was irrelevant is consistent with the opinion expressed in the Oughton case. The statement of our belief that it was relevant and its rejection arbitrary is consistent with the dissenting opinion in the Oughton case. The dissent in this case presents no new point and the majority opinion obviously settles the rule hereafter to be followed in in this court.
MARIS, Circuit Judge, concurs in this opinion.

Passage view · GavelSight