Tom C. Clark

“ I join in the opinion and add only a few words to state my conviction that the 'discriminating awareness of the consequences of its action' required of the Commission by the opinion, inevitably must lead, if any relief is now warranted (which I doubt) , to a rejection of the remedy of additional certification in favor of an appropriately limited cease-and-desist order. ”

“ As the matter was presented to the Commission and to the District Court, the additional certification, as the facts here plainly demonstrate, involved the Commission in intervention in the underlying labor dispute to a degree unduly trenching upon the Labor Board's jurisdiction and the rights and duties of the affected parties. ”

“ That such an order would have been sufficient in practical effect is demonstrated by the fact that both Burlington and Santa Fe, parties to the hot cargo agreements, were able to carry out their duties under the Motor Carrier Act without creating any serious problems under their union agreements or under the National Labor Relations Act. ”