Brooks

This is a petition by the National Labor Relations Board for enforcement of the Board’s order directing, among other things, that respondent bargain collectively with International Association of Machinists, District No. 27 (hereinafter called “Union”). The order was issued after the usual proceedings under § 10 of the National Labor Relations Act, as amended, 29 U.S.C.A. § 141 et seq., in which the Board found that respondent had refused to bargain collectively with the Union, in violation of §§ 8(a) (1) and 8(a) (5) of the Act.

Respondent resists enforcement upon three grounds: (1) that the Board does not have jurisdiction over the unfair labor practices charged; (2) that the Board’s finding that respondent refused to bargain is not supported by substantial evidence on the record considered as a whole; and (3) that the Board’s finding that at the time of the alleged refusal to bargain the Union represented a majority of the employees in the appropriate bargaining unit is not supported by substantial evidence on the record considered as a whole.

Respondent, an individual, sells Chrysler and Plymouth automobiles at Van Nuys, California, as a dealer under franchise from the…