National Labor Relations Board v. Illinois Tool Works

TREANOR, Circuit Judge

(concurring in part, dissenting in part).

I concur in the holding that the Board was without authority to order respondent to pay to certain agencies a sum equal to the amounts which these agencies have paid to Van Delinder. But I am of the opinion that the order of the Board, in all other respects, was based upon findings of fact which are binding upon this Court.

It is obvious that we cannot say that the evidence conclusively required the Board to draw the inferences which it did; but I do not think that we are justified in holding that there was no evidence possessing “rational probative force” (Consolidated Edison Co. v. National Labor Relations Board, 305 U.S. 197, 230, 59 S.Ct. 206, 217, 83 L.Ed. 126) which tended to support the Board’s inferences. In such a situation, if I correctly interpret recent declarations of the Supreme Court, this Court can neither substitute its inferences for those of the Board nor disregard the Board’s inferences.