National Labor Relations Board v. Isis Plumbing & Heating Co.

I dissent. If this court were the original trier of fact, I might reach the same conclusion as my brethren. But we are not the original triers of fact, nor are we re-triers of fact. Universal Camera does not make us re-triers of fact. In Radio Officers’ Union of Commercial Telegraphers Union, A. F. L. v. N. L. R. B., 1954, 347 U.S. 17, 50, 74 S.Ct. 323, 340-341, 98 L.Ed. 455, the Supreme Court said “that insofar as the power to draw reasonable inferences is concerned, TaftHartley did not alter prior law.” It is the Board that draws inferences. It is also the rule that conflicts in the…