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Movement Administrative Procedure, Evan D. Bernick
Movement Administrative Procedure, Evan D. Bernick
College of Law Faculty Publications
On April 4, 1946, The Potters Herald, a Thursday weekly dedicated to labor and union news, published an editorial warning readers of pending legislation “which may seriously affect labor” despite not containing a “single word about labor” in its text. This legislation would empower “anti-labor judges” to overturn decisions by the National Labor Relations Board. Despite its neutral appearance, it was in reality designed to “kick [labor and the NLRB] in the teeth” and would result in “a field day for the corporation lawyers.”
The complained-of legislation was the Administrative Procedure Act of 1946 (APA). From today’s vantage point, the …