Legal Opinion · Dissent
Memorial Hospital of Roxborough v. National Labor Relations Board
Court of Appeals for the Third Circuit
Decided October 18, 1976No. 75-2198Published
1DissentSeitz, Chief Judge
The majority hold that the Board lacked authority to apply comity principles in determining the appropriate bargaining unit. I believe that this result is not mandated by the statute, and infringes upon the proper scope of Board discretion.
The Board, of course, was required to make a determination as to the appropriate bargaining unit. The issue here is whether it could fulfill that obligation by according comity to the findings of the PLRB, assuming that the PLRB’s procedures were fair, that it decided the same issue as was before the Board, and that the state policies do not conflict with…
2Cases cited5 opinions
- Carey v. Westinghouse Electric Corp.Supreme Court of the United States · 1964
- Mast, Foos & Co. v. Stover Manufacturing Co.Supreme Court of the United States · 1900
- Associated Press v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1974
- Local Union No. 2188, International Brotherhood of Electrical Workers v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1974
- Local Union No. 2188, International Brotherhood of Electrical Workers, Afl-Cio v. National Labor Relations Board, Western Electric Company, Inc., Intervenor. Local Union No. 1974, International Brotherhood of Electrical Workers, Afl-Cio v. National Labor Relations Board, Western Electric Company, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1974