Cantrall

After proceedings duly had pursuant to statutory authority, the National Labor Relations Board, hereafter referred to as the Board, ordered respondents J. R. Cantrall Company and H. C. Smith Company to cease and desist from certain unfair labor-practices and to take certain affirmative action. The Board is asking us for enforcement.

The order is predicated upon a finding-of the Board that respondents were engaged in commerce within the meaning of’ the Labor Management Relations Act of 1947, hereafter called the Act, and found' a violation of § 8(a) (1) and (3) thereof, in that respondents had discriminated against members of the International Machinists-Union, herein called Machinists, and in. favor of members of the United Brotherhood of Carpenters and Joiners, herein, called Millwrights.

Two questions are presented:

1. Was the finding of the Board that: respondents’ operation affected commerce-within the meaning of the Act based on. substantial evidence?

2. Is there substantial evidence in the-record, considered as a whole, supporting-the Board’s finding that respondents, in violation of § 8(a)(1) and (3) of the Act,, discriminated against applicants for employment who were…