National Labor Relations Board v. Haberman Construction Company

I concur in parts I and II of the majority opinion but respectfully dissent with respect to the majority’s enforcement in part III of the portion of the Board’s remedial order which extends to projects not yet begun at the time of the unfair labor practices.

Issues concerning the enforceability of prehire contracts in the construction industry are some of the most difficult in the field of labor law. As the scholarly opinion of the majority demonstrates, the law bearing upon the question whether a prehire contract is enforceable with respect to future projects in a situation in which majority…