John Marshall Harlan II

“ For the reasons that follow, we believe the Board's decision that Hanna engineers are supervisors removes from this case most of the opportunities for preemption.
When in 1947 the National Labor Relations Act was amended to exclude supervisory workers from the critical definition of 'employees,' § 2 (3) , it followed that many provisions of the Act employing that pivotal term would cease to operate where supervisors were the focus of concern. ”

“ Nor is this a case in which the presence of arguably prohibited activity may permit the Board to afford complete protection to the legitimate interests advanced by the State. Since Hanna as the primary employer is present at the picketed situs, the primary picketing proviso of § 8 (b) (4) (B) severely inhibits the Board's use of that section to reach the volatile core of the conduct, the impact on secondary employers that follows from the mere presence of the pickets at a common situs. ”

“ Vogt, Inc., 354 U.S. 284, 77 S.Ct. 1166, 1 L.Ed.2d 1347.↑ National Labor Relations Act, as amended, § 7, 61 Stat. 140, 29 U.S.C. § 157 (1964 ed.) , provides that 'employees' shall have the right to engage in, or in general to refrain from, the mentioned activities.↑ Summarizing the impact of the new measure on supervisory personnel, the Senate Report stated: ' (T) he bill does not prevent anyone from organizing nor does it prohibit any employer from recognizing a union of foremen. ”