Labor Board v. Columbian Enameling & Stamping Co., 306 U.S. 292 (1939)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 306 U.S. 282, click here.

Labor Board v. Columbian Enameling & Stamping Co.

No. 229

Argued January 11, 12, 1939
Decided February 27, 1939
306 U.S. 292

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SEVENTH CIRCUIT

Syllabus

1. An order of the National Labor Relations Board requiring reinstatement of employees based on a finding that the employer, on a date specified, had refused to bargain with their Union, held invalid, the finding not being sustained by evidence. P. 296.

2. The National Labor Relations Act does not compel the employer to seek out his employees and request their participation in negotiations for purposes of collective bargaining, and he may ignore or reject proposals for such bargaining which come from third persons not purporting to act with authority of his employees. P. 297.

3. Section 10(e) of the Act in providing that the findings of the Board as to the facts, if supported by evidence, shall be conclusive, means evidence which is substantial -- that is, affording a substantial basis of fact from which the fact in issue can reasonably be inferred. P. 299.

4. Substantial evidence is more than a scintilla, and must do more than create a suspicion of the existence of the fact to be established. It is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, and it must be enough to justify, if the trial were to a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury. P. 300

96 F.2d 948, affirmed.

Certiorari, 305 U.S. 583, to review a judgment refusing an application of the National Labor Relations Board for enforcement of one of its orders.