Background: Johnnie’s Poultry Co, 146 NLRB 770 (1964), enf. denied 344 F.2d 617 (8th Cir. 1965), is a 1965 NLRB case decision which set down procedural safeguards employers must follow when interviewing employees to prepare the company’s defense to an unfair labor practice (ULP) charge. In the current Sunbelt Rentals case, an NLRB Administrative Law Judge ruled that Sunbelt had violated Section 8(a)(1) of the National Relations Act when its attorney interviewed two employees in the course of preparing its defense to an ULP charge without fully complying with the safeguards Johnnie’s Poultry had set out. Last Monday, a majority of the Board (Members Kaplan (R), Emanuel (R), and Ring (R) voted to seek briefs (and the lone Democrat on the NLRB, Chairman McFerran, dissented) on the following questions: