Fieldcrest Cannon, Inc. v. National Labor Relations Board

I readily concur in parts I through IV of the majority opinion. I respectfully dissent, however, from the majority’s holding (in part V) that the Board exceeded its authority in ordering Fieldcrest to grant its union workers the same wage increase the company unilaterally and discriminatorily granted its workers in unrepresented plants. I dissent to that extent because I believe substantial evidence in the record as a whole supports the Board’s finding that Fieldcrest violated § 8(a)(3) of the National Labor Relations Act, 29 U.S.C. § 158(a)(3), and because the Board has “the primary…