National Labor Relations Board v. Local Union No. 25 International Brotherhood of Electrical Workers
United States Court of Appeals for the Second Circuit
586 F.2d 959 (1978)
Relevant factsFree
Ernesto Flores complained to the NLRB (plaintiff) that Local Union No. 25 (defendant) engaged in unfair labor practices by denying him job referrals; the administrative law judge agreed and separately ruled, sua sponte, that a provision of the union's collective bargaining agreement, Article XI, was facially illegal, even though its legality was never raised anywhere in the proceeding. The NLRB adopted the ALJ's decision and sought enforcement of the resulting order.
IssueFree
Whether an administrative law judge may rule on the legality of an issue not raised in the complaint, briefs, oral argument, or evidence presented.
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