First, the reasons advanced for deferral to the Board—its expertise and neutrality—were quickly perceived to be fictional. As it became obvious that the Board was performing the function of an adjudicatory body—applying or interpreting general language, developing doctrine, and finding facts—and that its policies changed with its political makeup, the reasons to defer seemed less compelling. Second, because of its concentration on the NLRA, the Board was not in the position to undertake the…
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