(concurring).
I think especially important the statement in Judge Denman’s opinion that “The purpose of the preliminary injunction sought for and granted below is to hold the situation in the status quo until the Board determines whether it will consider Service’s charge.” In adding this special concurrence I want to state that I think there is a most difficult question lurking in the background of this case and which it should be understood I, for one, do not now decide. Suppose that hereafter the Board should decide, as we have held it has a right to do, Haleston Drug Stores v. National Labor Relations Board, 9 Cir., 187 F.2d 418, that Capital Service’s operations were so essentially local that their interruption would not have the requisite effect on commerce.1 If that time came it is possible that we might find difficulty in discovering any intention of Congress to the effect that where the Board thus exercises its uncontrolled discretion to leave a controversy and a business alone, State action is prohibited. See Missouri Pacific Ry. Co. v. Larabee Flour Mills Co., 211 U.S. 612, 623, 29 S.Ct. 214, 53 L.Ed. 352; Kelly v. Washington, 302 U.S. 1, 12, 58 S.Ct. 87, 82 L.Ed. 3.
. Similar abstentions by the Board, in respect to an entire industry, have been recognized as within the Board’s power. National Labor Relations Board v. Guy F. Atkinson Co., 9 Cir., 195 F.2d 141, 144.