Blackman-Uhler Chemical Division, Synalloy Corporation v. National Labor Relations Board

I respectfully dissent. The majority opinion, in my view, strains the facts and ignores the controlling principles of law.

I

The case turns upon the text of the union “handout,” a one-sheet broadside clearly calculated to assert that the employer was reaping tremendous profits while treating its employees unfairly. As the majority notes, the document identified its source for the financial statement set forth therein as “Synalloy Corporation Six-Month Report to Stockholders.” While this reference may indicate the origin of certain data, it far from explains its true meaning. Nothing in the…