In Southern Stone Co., Inc. v. Singer, 665 F.2d 698, 704 n. 6 (5th Cir. 1982), the Fifth Circuit held that allowing such hearsay into evidence when the declarant is merely available to be called by the opposite party would place an additional duty upon the opponent of the exhibit containing the hearsay statements and thus create an exception to the hearsay rule which does not exist in the rule itself.
Upholding NLRB's determination that unions do not commit unfair labor practices by insisting that employer bargain with mixed-union negotiating committee