Office Employes International Union Local No. 11 v. National Labor Relations Board/Dissent Brennan

Mr. Justice BRENNAN, with whom Mr. Justice FRANKFURTER, Mr. Justice BURTON and Mr. Justice HARLAN join, concurring in part and dissenting in part.

I agree that labor organizations are 'employers' under § 2(2) of the Act with respect to their own employees. I dissent, however, from the Court's holding that the Board is without power to decline to assert jurisdiction over labor unions as a class. I am of the view that the Board has discretionary authority to decline to do so when the Board determines, for proper reasons, that the policies of the Act would not be effectuated by its assertion of jurisdiction. Cf. National Labor Relations Board v. Denver Bldg. & Const. Trades Council, 341 U.S. 675, 684, 71 S.Ct. 943, 949; Hotel Association of St. Louis, 92 N.L.R.B. 1388, affirmed, Hotel Employees Local No. 255, etc. v. Leedom, D.C., 147 F.Supp. 306; Checker Cab Co., 110 N.L.R.B. 683. However, the declination to assert jurisdiction was rested upon the same grounds relied upon by the Board in declining jurisdiction over nonprofit organizations. These grounds, in my view, are not proper reasons for declining to assert jurisdiction over labor organizations. I would, therefore, remand the case to the Court of Appeals for remand to the Board for reconsideration.