Page:United States Reports 502 OCT. TERM 1991.pdf/706

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548

LECHMERE, INC. v. NLRB Stevens, J., dissenting

Under the law that governs today, it is Babcock that rests on questionable legal foundations. The Board’s decision in Jean Country, by contrast, is both rational and consistent with the governing statute. The Court should therefore defer to the Board, rather than resurrecting and extending the reach of a decision which embodies principles which the law has long since passed by. It is evident, therefore, that, in my view, the Court should defer to the Board’s decision in Jean Country and its application of Jean Country in this case. With all due respect, I dissent. Justice Stevens, dissenting. For the first two reasons stated in Justice White’s opinion, ante, at 541–545, I would affirm the judgment of the Court of Appeals enforcing the Board’s order. I agree with Justice White that the Court’s strict construction of NLRB v. Babcock & Wilcox Co., 351 U. S. 105 (1956), is not consistent with Hudgens v. NLRB, 424 U. S. 507 (1976), and our other cases interpreting Babcock. I do not, however, join his opinion to the extent that it suggests that the Babcock case was incorrectly decided, ante, at 545–548. That decision rejected the Board’s view that the rules applicable to union organizing draw no distinction between employees and nonemployees. I believe that central holding in Babcock was correct and is not inconsistent with the current law of deference to administrative agencies. Accordingly, I also respectfully dissent.