1943 - National Labor Relations Board

62 Eighth Annual Report of the Natienal Labor Relations BoardThe provisions in the Act for judicial review incorporate the customaryrule of administrative law that the "findings of the Board asto the facts, if supported by evidence, shall be conclusive." 10 In.exercising its power to enforce a Board order, modify it, or set it aside,the reviewing court examines the reOord to ascertain whether theadministrative proceedings have been conducted in such manner asto afford due process to the parties involved, whether the order of theBoard is justified under the statute, and whether the findings of theBoard are supported by substantial evidence in the record. Adjustingthe remedies ina particular case to effectuate the policies of the Act isia fact-finding function entitled to conclusiveness when supported bysubstantial evidence. As the Supreme Court stated, substantialevidence "means such relevant evidence as a reasonable mind mightaccept as adequate to support a conclusion." "LITIGATION RECORDThe successful record of-the Board in its litigation has been maintainedduring the fiscal year. The results of litigation involvingenforcement or review by the Supreme Court and the Circuit Courtsof Appeals of orders of the Board during the past fiscal year, and inthe entire period since its inception, are summarized in the followingtable.Table 1.—Results of litigation for enforcement or review of Board orders, July 1, 1942—June 30, 1943, and July 5, 1935—June 30, 1943ResultsJuly 1, 1942-June 30, 1943 July 5, 1935-June 30, 1943Number Percent Number PercentCases decided by U. S. Circuit Courts of Appeals 96 100.0 440 100.0Board orders enforced in full 60` 62. 5 231 52. 5Board orders enforced with modification27Board orders set aside- 928.1 142 32. 39.461 13.8Remanded to Board 0 0 6 1.4Cases decided:by U. S. Supreme Court 4 100.0 41 100.0Board orders enforced in full 3 75.0 30 73. 2Board orders enforced with modification 8 19. 5Board orders set aside2 4.9Remanded to Board Fa 25.01 2.4prsCONTEMPT AND OTHER COMPLIANCE LITIGATIONThe Act does not contain criminal sanctions but authorizes theBoard to issue administrative remedies which become legally enforceableonly when approved by the appropriate reviewing court. Whenthe reviewing court enforces the Board's order, it issues a decree,which is an order of the court incorporating the various provisionsIbid. -/I N. L. R. B. v. Columbian Enameling & Stamping Co., 306113. 8.1292, 300.