Ernesto Flores, an American citizen of Puerto Rican ancestry, filed a complaint with the National Labor Relations Board (NLRB) (plaintiff). In his complaint, Flores alleged that Local Union No. 25, International Brotherhood of Electrical Workers (Local 25) (defendant), engaged in unfair labor practices when it failed to provide him with job referrals. The administrative law judge (ALJ) agreed, ruling that Local 25 engaged in unfair labor practices. The ALJ also held that Article XI of Local 25’s collective-bargaining agreement was illegal on its face, even though the question of Article XI’s legality was not raised in the amended complaint, briefs, oral argument, or evidence presented to the court. After adopting the ALJ’s decision in an order, the NLRB petitioned the court for enforcement of the order.