Tom C. Clark

“ But, realistically viewed, one enterprise is as bogus as the other; both are boondoggles which the employer 'does not want, does not need, and is not even willing to accept.' The statute, moreover, does not distinguish between modern make-work gimmicks and featherbedding techniques encrusted in an industry's lore. Congress accorded no preferred position to seasoned unfair labor practices, and § 8 (b) (6) does not recognize prescriptive rights in the law. Custom and tradition can no more deprive employers than employees of statutory rights. ”