National Labor Relations Board v. Clark-Sprague, Inc.

I respectfully dissent.

I cannot approach the legal issue on the purely factual basis of who said what, to whom, and what did they mean. The examiner and the Board differ on the factual resolution of whether the company voluntarily recognized the union at the time the latter demanded recognition. The majority opinion places emphasis on the testimony of the company president as to whether the company would find it “convenient” to recognize the union. I fail to see the relevancy of this testimony. Under the previously existing collective bargaining contract between the parties, recognition of…