In recent months the National Labor Relations Board and its General Counsel, Robert N. Denham, have come to grips over the right of the Board to dismiss unfair labor practice charges on ground that to take jurisdiction would not effectuate the policies of the National Labor Relations Act. After unsuccessfully opposing the Board in several cases, Mr. Denham aired the controversy publicly, charging the Board with application of "their old Wagner Act formulae" when "the principle of the theory has been repudiated by the passage of the Taft-Hartley Act." The Board retaliated by revoking all the General Counsel's independent powers not resting in specific provisions of the 1947 Act. The President attempted to do away with even these powers in his recently defeated Administrative Reorganization Plan Number 12.
B. J. George, Jr.,
LABOR LAW--TAFT-HARTLEY ACT--RIGHT OF BOARD TO DISMISS UNFAIR LABOR PRACTICE COMPLAINTS FOR POLICY REASONS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol48/iss8/8