National Labor Relations Board v. The Madison Courier, Inc.

(concurring) :

I concur in the judgment of the court insofar as it affirms the judgment of the Board. I also concur in the judgment of remand and the ratio decidendi, that in certain particulars there is an objectionable lack of clarity in the Board's reasoning, or in the Board's reconciliation of the present opinion with other Board jurisprudence. While the Board is free to reshape previous doctrinal expressions, the rule of law is best preserved if that is. done expressly rather than by implication.

While I agree with much of Judge MacKinnon’s opinion as written, and commend the underlying…