National Labor Relations Board v. Algoma Plywood & Veneer Co.

KERNER, Circuit Judge

(dissenting).

It is not our province to appraise conflicting and circumstantial evidence and the weight and credibility of testimony, nor to choose one inference or conclusion in preference to another.

With these principles in mind, on the vital or principal questions of fact, that there was a refusal to bargain collectively and other violations of the act with regard to the association, I have been unable, on the record in this case, to say that there was no substantial basis in the evidence to support the findings of the Board; consequentljq the order of the Board should be enforced.