Sullivan Industries v. National Labor Relations Board, United Steelworkers of America, Afl-Cio, Intervenor

I agree that. substantial evidence supports the Board’s determination that New *906Sullivan committed an unfair labor practice when it refused to bargain with the union in August. But the second issue in- this case can be analyzed a good deal more manageably than does the majority, and once that is done, I think our reviewing role is more modest than my colleagues assume. The question presented under the National Labor Relations Act, 29 U.S.C. §§ 151-169 (NLRA), is, at its core, rather straightforward: if a successor employer refuses to recognize and bargain with an incumbent union in violation…