reversing NLRB’s determination that the JATC acted as an agent for the union under “common law agency principles,” because “NLRB did not discuss or apply principles of agency law in its decision”
How later courts described this case
- reversing NLRB’s determination that the JATC acted as an agent for the union under “common law agency principles,” because “NLRB did not discuss or apply principles of agency law in its decision”
Written by the judges who cited it.
The opinion
MERRITT, Circuit Judge,
concurring.
I concur in Judge Griffin’s opinion in Section III and the dispositive final order remanding the case to the NLRB for clarification. I do not find the other sections of the opinion to be necessary to the disposition of the case. But I would like to know from the NLRB whether its ruling is based upon a conclusion that the joint committee is an agent of both the Union and the Electrical Contractor’s Association. I agree with Judge Griffin’s view that the NLRB should clarify its agency ruling and explain the nature of the agency relationship that provides the NLRB with jurisdiction.