Kansas Milling Co. v. National Labor Relations Board

BRATTON, Circuit Judge

(concurring in part and dissenting in part).

I concur in that part of the opinion of Judge Huxman holding that none of the alleged unfair labor practices was barred by section 10(b) of the Labor Management Relations Act, 61 Stat. 136, 146, 29 U.S.C.A. § 160, and in that part holding that the six named employees were not of such character as to render them unsuitable for re-employment. But I dissent from that part holding in effect that certain findings of unfair labor practices are not sustained by evidence.

Without detailing the evidence at length, it is my view that the material findings made by the Board in respect to the commission of unfair labor practices are sustained by evidence and inferences fairly to be drawn from it. And, reminding ourselves anew that Congress committed to the Board the function of weighing evidence, drawing inferences from established facts, and resolving conflicts in evidence, and that findings made by the Board are binding on review if sustained by substantial evidence, National Labor Relations Board v. Crompton-Highland Mills, 337 U.S. 217, 69 S.Ct. 960, 93 L.Ed. 1320, I would enter a conventional order of enforcement.