National Labor Relations Board v. Nevada Consolidated Copper Corp.

Background

The National Labor Relations Board concluded that an employer refused to rehire several former employees and would not hire two new applicants to discourage membership in a labor union, violating the National Labor Relations Act. The Board ordered the employer to employ those individuals and pay them back wages. A federal Court of Appeals refused to enforce that order, saying the Board’s findings lacked substantial support in the evidence.

Reasoning

The Supreme Court examined the record and asked whether there was substantial evidence to support the Board’s conclusions. The Court found there was substantial evidence both that the employer believed some men had threatened property damage and injury to managers and their families and that the employer’s motive included discouraging union membership. The opinion explains that drawing different possible inferences from the same evidence does not allow a court to overturn the Board’s finding, because Congress provided that the Board’s fact findings, if supported by evidence, are conclusive and courts must not reweigh the evidence. On that basis, the Court reversed the appeals court and ordered enforcement of the Board’s rehire and back-pay order, with a modification to conform to an earlier decision called Republic Steel.

Real world impact

The decision requires the employer to follow the Board’s order and restores pay and jobs for the affected workers. It also confirms that courts should uphold agency fact findings when supported by evidence, even if judges might draw other inferences. Lower courts must enforce such Board orders when the record supports them.