concurring.
I concur with the majority opinion solely on the ground that there exists no substantial evidence in the record as a whole to demonstrate that when Mrs. Gastineau refused to work she was acting for the mutual aid and protection of other employees. Although the majority disclaims any investigation into the principles of Interboro Contractors, Inc., 157 NLRB No. 110, enforced, 388 F.2d 495 (2d Cir. 1967), I cannot endorse the implication that Interboro is no longer viable authority. This court has held that an individual employee may be protected from unlawful discharge under § 7 of the Act where, although the employee acts individually, he or she acts to implement a right under a collective bargaining agreement obtained as a result of concerted activity by the employees and entered into for their mutual aid or protection. See NLRB v. Selwyn Shoe Manufacturing Corp., 428 F.2d 217, 221 (8th Cir. 1970).1
I fully recognize that the instant case does not involve a collective bargaining agreement. This fact, however, at least on this record, does not require us to decide whether the Interboro rule should be extended to situations where no collective bargaining agreement exists. It is well settled that notwithstanding the absence of a collective bargaining agreement, employees may still engage in protected activities un*1085der § 7 where they act for the purpose of “mutual aid or protection” of others. See, e. g., NLRB v. Schwartz, 146 F.2d 773, 774 (5th Cir. 1945). See also the discussion regarding the legislative history of § 7 in my dissenting opinion in Illinois Ruan Transport Corp. v. NLRB, 404 F.2d 274, 284-89 (8th Cir. 1968). In any event it is not necessary to reach this issue here since there is no substantial evidence on the record as a whole that Mrs. Gastineau was acting for anyone else in her refusal to do the designated work. Finding this to be true, I would simply refuse to enforce the Board’s order on the ground that it is not supported by substantial evidence on the record as a whole!'
. NLRB v. Selwyn Shoe Mfg. Corp., 428 F.2d 217 (8th Cir. 1970), written by Chief Judge Gibson, writing for a panel consisting of Judge Blackmun (now Mr. Justice Blackmun) and myself, impliedly accepted the rationale of In-terboro Contractors, Inc., 157 NLRB No. 110, enforced, 388 F.2d 295 (2d Cir. 1967). I feel the Interboro rule is supported by the legislative history of the Act and the historical development of the law relating to it. See Illinois Ruan Transp. Corp. v. NLRB, 404 F.2d 274, 284-90 (8th Cir. 1968) (Lay, dissenting).