032303P.pdf   03/16/2004  JHP & Associates  v.  NLRB
   U.S. Court of Appeals Case No:  03-2303
                          and No:  03-2549
   Agency   
   Petition for Review - Labor Law. Adverse inference rule permits but 
   does not compel an adverse finding when the General Counsel does not 
   call a witness within her control, and the Board was not required to 
   accept the employer's rationale for firing the witness in the absence of 
   his testimony; finding that the employee was discharged for his perceived 
   union support was supported by the record; under the circumstances of 
   this case, the union was entitled to names, but not addresses and phone 
   numbers, of workers hired to replace striking employees. 
   [PUBLISHED] [Riley, Author]