Opinion

National Labor Relations Board v. New York Lithographers & Photoengravers' Union No. 1P

  • 600 F.2d 336
Court
Court of Appeals for the Second Circuit
Filed
Mar 5, 1979
Status
Published
Author
Oakes
On the bench
Gurfein, Oakes
Cited by
1 cases

The opinion

OAKES, Circuit Judge

(concurring):

I am pleased to concur and to join in Judge Gurfein’s opinion. I will simply note for the record, however, that had I been a member of the National Labor Relations Board I probably would have voted in favor of the Lithographers and Photoengravers’ Union. But as Judge Gurfein points out, a reviewing court is limited in this type of case to a determination whether the Board’s findings are supported by substantial evidence and whether its informed discretion has been exercised arbitrarily or capriciously. See K. Davis, Administrative Law of the Seventies § 29.00 (1976).

Thus this is the classic case where a judge cannot and should not substitute his judgment for that of the administrative agency.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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