National Ass'n of Manufacturers v. National Labor Relations Board

KAREN LeCRAFT HENDERSON, with whom Circuit Judge BROWN joins,

concurring:

I fully agree with Judge Randolph’s analysis of NLRA section 8(c) and wholeheartedly concur in his well-reasoned opinion. See 29 U.S.C. § 158(c). Judge Brown and I would also hold, however, *966that the Board is without authority to promulgate the posting rule under NLRA section 6 as well—the issue Judge Randolph does not reach in light of his reliance on section 8(e). Section 6 provides: “The Board shall have authority from time to time to make, amend, and rescind, in the manner prescribed by subchapter II of chapter 5 of…