Legal Opinion · Concurring in part, dissenting in part

Office Employes International Union, Local No. 11 v. National Labor Relations Board

Supreme Court of the United States

Decided June 17, 1957No. 422Published

1Concurring in part, dissenting in part

*321Mr. Justice Brennan, with whom Mr. Justice Frankfurter, Mr. Justice Burton and Mr. Justice Harlan join,

concurring in part and dissenting in part.

I agree that labor organizations are “employers” under § 2 (2) of the Act with respect to their own employees. I dissent, however, from the Court’s holding that the Board is without power to decline to assert jurisdiction over labor unions as a class. I am of the view that the Board has discretionary authority to decline to do so when the Board determines, for proper reasons, that the policies of the Act would not be effectuated by its assertion of…

2Cases cited2 opinions

  1. National Labor Relations Board v. Denver Building & Construction Trades CouncilSupreme Court of the United States · 1951
  2. Hotel Employees Local No. 255 v. LeedomDistrict Court, District of Columbia · 1957

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