Labor Law – Evidence- Production of Pre-Trial Statements for Purpose of Cross-Examination in NLRB Proceeding

Respondent was accused of unfair labor practices. At the hearing before the trial examiner, respondent requested pre-trial statements of the general counsel’s witnesses who testified, for the purpose of impeaching their credibility on cross-examination. The trial examiner’s refusal was upheld by the NLRB. Upon motion to reopen the record, held, the record is reopened and further proceedings are to be held before the trial examiner. The holding of Jencks v. United States applies to NLRB proceedings; hence respondent has the right for cross-examination purposes to production of pre-trial statements made by the general counsel’s witnesses which directly relate to their testimony. Ra-Rich Mfg. Corp., 121 N.L.R.B. No. 90, 42 L.R.R.M. 1403 (1958).