Opinion

Morrison-Knudsen Co., Inc. v. National Labor Relations Board

  • 418 F.2d 203
  • 6 A.L.R. Fed. 266
  • 72 L.R.R.M. (BNA) 2460
  • 1969 U.S. App. LEXIS 10857
Court
Court of Appeals for the Ninth Circuit
Filed
Sep 10, 1969
Status
Published
Author
Powell
On the bench
Chambers, Koelsch, Per Curiam, Powell
Cited by
2 cases
Authority
More cited than 24.8%

The opinion

POWELL, District Judge

(concurring specially):

I would remand this case to the Board with direction to require arbitration. Industrial peace if attainable should come through settled policy of arbitration of all disputes such as this. But the law permits the Board to disregard the contract provisions. I agree with the dissent in N.L.R.B. v. Strong, 393 U.S. 357, 364 , 89 S.Ct. 541 , 21 L.Ed.2d 546 (1969).

“Arbitration is not a process which the Board is either equipped or qualified to follow. Those who are arbiters have special qualifications in a particular industry and come to know the common law of the shop (footnotes omitted). The jurisdiction of any agency or branch of government has a built-in impetus for growth and expansion. Seldom does a department restrict its powers narrowly and assume a self-denying attitude. The tendency is to construe express powers broadly. The organism grows by subtle and little- *205 noticed extensions of authority. To students of government this phenomenon is as predictable as the operation of other so-called ‘laws.’ 4

******

. C. N. Parkinson, Parkinson’s Law (1957).’

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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