International Union of Electrical v. National Labor Relations Board

With all due respect, I dissent. Lacking willingness, expertise, and legal authority to engage in what I view as legislation, I am unable to join in affirming the board’s action in this case. That an employer can be held in violation of a duty to bargain, for refusing to supply information, when the information and the source of the request are entirely outside the collective bargaining process, is to me a result grotesque.1 I can find no basis in law for such result. Though courts are on occasion forced to “make” law, I cannot join in what appears to me an unnecessary exercise of that power.…