BE&K Constr. Co. v. NLRB, 536 U.S. 516, 29 (2002)

Page:   Index   Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29

544

BE&K CONSTR. CO. v. NLRB

Opinion of Breyer, J.

given these differences of history and purpose, I do not see how the Court could treat labor law, which sought to give the Board power to regulate an employer's antiunion conduct, including retaliatory lawsuits, as if it were antitrust law, where no comparable purpose is evident. Perhaps that is why this Court previously made clear that these two areas of law significantly differ. Compare Professional Real Estate, 508 U. S., at 55-60, with Bill Johnson's, 461 U. S., at 747.

I do not know why the Court reopens these matters in its opinion today. See ante, at 528, 536-537. But I note that it has done so only to leave them open. It does not, in the end, decide them. On that understanding, but only to the extent that I describe at the outset, see supra, at 538-540, I join the Court's opinion.

Page:   Index   Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29

Last modified: October 4, 2007