William O. Douglas

“ We need not stop to inquire what the word 'procedure' in that context embraces. For § 553 (d) provides, with exceptions not material [1] here that:
'The required publication or service of a substantive rule shall be made not less than 30 days before its effective date * * *.' The Board apparently decided the Excelsior case with § 553 (d) in mind, for it made the proposed new rule effective after 30 days. ”

“ Agencies discover that they are not always repositories of ultimate wisdom; they learn from the suggestions of outsiders and often benefit from that advice. See H. Friendly, The Federal Administrative Agencies 45 (1962) . ”

“ But it is no answer to say that the order under review was 'adjudicatory.' For as my Brother HARLAN says, an agency is not adjudicating when it is making a rule to fit future cases. A rule like the one in Excelsior is designed to fit all cased at all times. It is not particularized to special facts. It is a statement of far-reaching policy covering all future represention elections. ”

“ And that report added, 'It will afford persons affected a reasonable time to prepare for the effective date of a rule or rules or to take any other action which the issuance of rules may prompt.' Ibid. ”