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

> Court of Appeals for the Second Circuit · March 5, 1979 · 600 F.2d 336

URL: https://www.frixlaw.com/law-library/cases/8909982

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, and New York Stereotypers Union No. 1, International Printing and Graphic Communication Union, AFL-CIO, Intervenor v. NEW YORK LITHOGRAPHERS AND PHOTOENGRAVERS' UNION NO. 1P, GRAPHIC ARTS INTERNATIONAL UNION, AFL-CIO
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** March 5, 1979
- **Citations:** 600 F.2d 336
- **Precedential status:** Published
- **Opinion:** Concurrence by Oakes
- **Judges:** Gurfein, Oakes
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8909982

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8909982. Public record. Not legal advice.