National Labor Relations Board v. House Manufacturing Corporation

The National Labor Relations Board found that respondent had violated Section 8(a) (1) of the National Labor Relations Act ( 29 U.S.C. § 158 (a) (1)) .by interfering with, restraining, and coercing its employees in the exercise of rights guaranteed them by Section 7 of the Act ( 29 U.S.C. § 157 ). The Board entered an order requiring respondent to cease and desist and to take certain affirmative action. The Board has now petitioned this Court for enforcement. Respondent resists solely on the ground that there was no substantial evidence to support the Board’s findings.

The evidence was far from compelling, but we cannot say that it was unsubstantial. It consisted principally of testimony regarding conversations between respondent’s plant superintendent and several of respondent’s employees. The testimony was conflicting, and conflicting inferences might have been drawn as to the meaning and effect of the conversations in the circumstances in which they occurred. A determination of the credibility of the principal witnesses was critical to the ultimate decision.

In reviewing a Board order in such a case, it is not our function “to judge the credibility of witnesses; * * or…