Under the original National Labor Relations Act of 1935 and that act as it stands amended by Title I of the Labor-Management Relations Act of 1947, Congress has conferred upon the National Labor Relations Board regulatory authority in certain areas of industrial relations, the jurisdictional extent of which is conterminous with the power of the federal government under the commerce clause of the Constitution. At an early date, however, the Board determined that ''budgetary limitations as well as the need to avoid diffusion of its time and energy ... [justified] it in not exerting its jurisdictional authority to the legal hilt." Accordingly, the Board has consistently declined jurisdiction whenever in its estimation either a question of representation or an alleged unfair labor practice "affects," but has no pronounced impact upon, interstate commerce.
Bernard L. Goodman S.Ed. & Robert S. Griggs S.Ed.,
LABOR LAW-JURISDICTION OF NLRB UNDER SELF-IMPOSED LIMITATIONS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol50/iss6/5