Carey v. Westinghouse Electric Corporation/Concurrence Harlan

by John Marshall Harlan II

United States Supreme Court

375 U.S. 261

Carey  v.  Westinghouse Electric Corporation

 Argued: Dec. 11 and 12, 1963. --- Decided: Jan 6, 1964

Mr. Justice HARLAN, concurring.

I join the Court's opinion with a brief comment. As is recognized by all, neither position in this case is without its difficulties. Lacking a clear-cut command in the statute itself, the choice in substance lies between a course which would altogether preclude any attempt at resolving disputes of this kind by arbitration, and one which at worst will expose those concerned to the hazard of duplicative proceedings. The undesirable consequences of the first alternative are inevitable, those of the second conjectural. As between the two, I think the Court at this early stage of experience in this area rightly chooses the latter.

Mr. Justice BLACK, with whom Mr. Justice CLARK joins, dissenting.

Notes