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

> Court of Appeals for the Ninth Circuit · September 10, 1969 · 418 F.2d 203

URL: https://www.frixlaw.com/law-library/cases/9455035

## Case

- **Full name:** MORRISON-KNUDSEN CO., Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** September 10, 1969
- **Citations:** 418 F.2d 203; 6 A.L.R. Fed. 266; 72 L.R.R.M. (BNA) 2460; 1969 U.S. App. LEXIS 10857
- **Precedential status:** Published
- **Opinion:** Concurrence by Powell
- **Judges:** Chambers, Koelsch, Per Curiam, Powell
- **Cited by:** 2 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/9455035

## Opinion text

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).’

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9455035. Public record. Not legal advice.