Majority
In this case the National Labor Relations Board found that respondent, in refusing to reemploy a number of its former employees and to employ two new applicants, had discriminated against them in order to discourage membership in a labor union in violation of § 8 (1) and (3) of the National Labor Relations Act, 49 Stat. 449 , 29 U. S. C. § 151 . The Board made its order directing employment of these individuals with back pay. The Circuit Court of Appeals refused to enforce the Board’s order on the ground that its findings were without substantial support in the evidence. 122 F. 2d 687 .
Examination of the record discloses that there was substantial evidence from which the Board could have concluded that respondent’s refusal to employ the men was motivated by its belief that they had engaged or threatened to engage in destruction of respondent’s property and had threatened to injure some of respondent’s managerial employees and members of their families. There was also substantial evidence from which the Board could have concluded, as it did, that respondent’s motive for refusing the employment was discouragement of membership in a labor union. The possibility of drawing either of two inconsistent inferences from the evidence did not prevent the Board from drawing one of them, as the court below seems to have thought.
We have repeatedly held that Congress, by providing, § 10 (c), (e) and (f), of the National Labor Relations Act, that the Board’s findings “as to the facts, if supported by
Reversed.
Cases cited
- 122 F. 2d 687 122 F. 2d 687 p. 106
- National Labor Relations Board v. Link-Belt Co. 311 U. S. 584 p. 107
- National Labor Relations Board v. Automotive Maintenance Machinery Co. 315 U. S. 282 p. 107
- Swayne & Hoyt, Ltd. v. United States 300 U. S. 297 p. 107
- Federal Trade Commission v. Pacific States Paper Trade Ass'n 273 U. S. 52 p. 107
- Federal Trade Commission v. Algoma Lumber Co. 291 U. S. 67 p. 107
- Republic Steel Corp. v. National Labor Relations Board 311 U. S. 7 p. 107