National Labor Relations Board v. Atlas Microfilming, Division of Sertafilm, Inc.

Although I am constrained to join the result reached by the majority, I write separately to express my uneasiness with the summary nature of the Board’s decision in this case. The question of the adequacy of justifications proffered for Gissel bargaining orders has sharply divided this .Court, and has caused us to go in banc four times in the last few years. See NLRB v. Keystone Pretzel Bakery, Inc., 696 F.2d 257 (3d Cir.1982) (in banc); NLRB v. Permanent Label Corp., 657 F.2d 512 (3d Cir.1981) (in banc); Hedstrom Co. v. NLRB, 629 F.2d 305 (3d Cir.1980) (in banc), cert. denied, 450 U.S. 996,…