National Labor Relations Board v. Giustina Bros. Lumber Co.

The National Labor Relations Board, pursuant to its power under § 10(e) of the Labor Relations Act of 1947, petitions this Court for enforcement of its order directing respondent Giustina Bros. Lumber Co. to cease and desist from certain unfair labor practices and to reinstate and provide back pay to former employees discriminated against by virtue of said unfair labor practices.

Respondent argues that the entire order should be set aside rather than ordered enforced for the reasons, first, that the facts as found by the Board are not supported by substantial evidence; second, that the Board improperly concluded that respondent had waived a defense based on § 8(d) of the Act.

As to the first argument in opposition to the order, there is no attack on the legal conclusion that the conduct of respondent, if it in fact occurred, constituted unfair labor practices. Our review of this phase of the case is, therefore, narrowly proscribed by § 10(e) to a determination of whether the findings of the Board are supported by substantial evidence on the record considered as a whole. The narrow and limited function of this Court in reviewing an order of the Board is in need of no further…