universal camera labor argued decided february national labor relations board ordered petitioner reinstate back pay employee found discharged gave certain testimony another proceeding national labor relations act evidence reason discharge conflicting board overruled examiner findings fact recommendation proceedings dismissed decreeing enforcement appeals held board findings fact supported substantial evidence record considered whole within meaning national labor relations act amended holding based partly view amendments broadened scope judicial review board rejection examiner findings fact without relevance determining whether board findings supported substantial evidence held light legislative history standard proof required national labor relations act amended labor management relations act support decision labor board judicial review exacted courts reviewing every administrative action subject administrative procedure act pp amending national labor relations act require judicial review board findings fact must supported substantial evidence record considered whole congress made clear reviewing barred setting aside board decision conscientiously find evidence supporting decision substantial viewed light record entirety furnishes including body evidence opposed board view pp read light legislative history administrative procedure act labor management relations act require courts assume responsibility reasonableness fairness labor board decisions courts shown past pp whether record whole substantial evidence support agency findings question congress placed keeping courts appeals intervene rate instance standard appears misapprehended grossly misapplied appeals erred holding barred taking account report examiner questions fact insofar report rejected board pp trial examiner findings unassailable master may reversed board even clearly erroneous reviewing need give trial examiner findings weight reason light judicial experience deserve accorded relevance reasonably command answering comprehensive question whether evidence supporting board order substantial pp cause remanded appeals left free grant deny enforcement thinks principles expressed opinion dictate appeals decreed enforcement order national labor relations board requiring petitioner reinstate employee back pay cease desist discriminating employee files charges gives testimony national labor relations act granted certiorari judgment vacated cause remanded special leave frederick livingston pro hac vice argued cause petitioner brief james hays mozart ratner argued cause respondent brief solicitor general perlman david findling bernard dunau justice frankfurter delivered opinion essential issue raised case companion labor board pittsburgh steamship post effect administrative procedure act legislation colloquially known act duty courts appeals called upon review orders national labor relations board appeals second circuit granted enforcement order directing main petitioner reinstate back pay employee found discharged gave testimony wagner act cease desist discriminating employee files charges gives testimony act judge swan dissenting decreed full enforcement order views regarding effect new legislation relation board courts appeals enforcement board orders conflicted appeals sixth circuit brought cases clash opinion obviously required settlement want certainty judicial review labor board decisions partly reflects intractability formula furnish definiteness content impalpable factors involved judicial review part doubts nature reviewing power uncertainties application derive history extent elucidation history may clear away wagner act provided findings board facts supported evidence shall conclusive act july stat read evidence mean substantial evidence washington coach labor board said ubstantial evidence mere scintilla means relevant evidence reasonable mind might accept adequate support conclusion consolidated edison labor board accordingly must create suspicion existence fact established must enough justify trial jury refusal direct verdict conclusion sought drawn one fact jury labor board columbian enameling stamping smoothness substantial evidence formula standard reviewing evidentiary validity board findings established currency inevitably variant applications standard conflicting evidence soon brought contrariety views due course bred criticism even though whole record may canvassed order determine whether evidentiary foundation determination board substantial phrasing process review readily lent notion enough evidence supporting board result substantial considered fair say imperceptible steps regard function board led assumption requirements wagner act met reviewing find record evidence viewed isolation substantiated board findings compare labor board waterman steamship labor board bradford dyeing see labor board nevada consolidated copper say every member consciously guided view ever explicitly avowed practice doctrine matters belief justifiably arose construed obligation review criticism contracted reviewing power reinforced dissatisfaction felt various quarters board administration wagner act years preceding war scheme act attacked inherently unfair fusion functions prosecutor judge accusations partisan bias wanting irresponsible admission weighing hearsay opinion emotional speculation place factual evidence said serious menace doubt perhaps even much criticism baseless surely reckless relevant however climate opinion thereby generated effect congress protests shocking injustices intimations judicial abdication courts granted enforcement board orders stimulated pressures legislative relief alleged administrative excesses strength pressures reflected passage bill vetoed president roosevelt partly imposed unduly rigid limitations administrative process partly investigation actual operation administrative process conducted experienced committee appointed attorney general worth noting despite aim tighten control administrative determinations fact bill contented conventional formula agency decision set aside findings fact supported substantial evidence final report attorney general committee submitted january majority concluded issatisfaction existing standards scope judicial review derives largely dissatisfaction procedures employed administrative bodies departure substantial evidence test thought either create unnecessary uncertainty transfer courts responsibility ascertaining assaying matters significance lies outside judicial competence accordingly recommended legislation embodying general scheme judicial review three members committee registered dissent view present system lack system judicial review led inconsistency uncertainty reported prevalent interpretation substantial evidence rule called substantial evidence found anywhere record support conclusions fact courts said obliged sustain decision without reference heavily countervailing evidence may preponderate unless indeed stage arbitrary decision reached interpretation courts need read one side case find evidence administrative action sustained record contrary ignored view led recommend congress enact principles review applicable agencies excepted unique characteristics one principles expressed formula judicial review extend findings inferences conclusions fact unsupported upon whole record substantial evidence far history movement enlarged review reveals phrase upon whole record makes first appearance recommendation minority attorney general committee evidence close relationship phrase criticism arose important substance formula judicial review found way statute books congress unquestioning might even say uncritical unanimity enacted administrative procedure act one tempted say uncritical legislative history act hardly speaks clarity purpose congress supposedly furnishes courts order enable enforce true one hand sponsors legislation indicated reaffirming prevailing substantial evidence test equal clarity expressed disapproval manner courts applying standard committee reports houses refer practice agencies rely upon suspicion surmise implications plainly incredible evidence indicate courts exact higher standards exercise independent judgment consideration whole record similar dissatisfaction restricted application substantial evidence test reflected legislative history act bill reported house provided findings board facts shall conclusive unless made appear satisfaction either findings fact manifest weight evidence findings fact supported substantial evidence bill left house provision early committee prints senate provided review weight evidence clearly erroneous standards senate committee report relates finally decided conform statute corresponding section administrative procedure act substantial evidence test prevails order clarify ambiguity statute however committee inserted words questions fact supported substantial evidence record considered whole phraseology adopted senate house conferees agreed reported house believed provisions conference agreement relating courts reviewing power adequate preclude decisions nevada consol copper wilson columbia products union pacific stages hearst republic aviation le tourneau etc cases supra without unduly burdening courts senate version became law fair say congress expressed mood expressed mood merely oratory legislation legislation mood must respected even though serve standard judgment body rigid rules assuring sameness application enforcement broad standards implies subtlety mind solidity judgment us question congress may assume qualities federal judiciary legislative story summarized two concrete conclusions emerge one identity aim administrative procedure act act regarding proof labor board must support decision congress left room doubt kind scrutiny appeals must give record board satisfy board order rests adequate proof mischievous find scope review act different administrative procedure act senate committee reported review clause act expressly indicated two standards conform regard wording two acts purposes judicial administration identical hold standard proof specifically required labor board act exacted courts reviewing every administrative action subject administrative procedure act whether ever permissible courts determine substantiality evidence supporting labor board decision merely basis evidence justified without taking account contradictory evidence evidence conflicting inferences drawn new legislation definitively precludes theory review bars practice substantiality evidence must take account whatever record fairly detracts weight clearly significance requirement statutes courts consider whole record committee reports adoption administrative procedure act minority views attorney general committee demonstrate enjoin duty reviewing one important purposes movement eventuated enactment sure requirement canvassing whole record order ascertain substantiality furnish calculus value reviewing assess evidence intended negative function labor board one agencies presumably equipped informed experience deal specialized field knowledge whose findings within field carry authority expertness courts possess therefore must respect mean even matters requiring expertise may displace board choice two fairly conflicting views even though justifiably made different choice matter de novo congress merely made clear reviewing barred setting aside board decision conscientiously find evidence supporting decision substantial viewed light record entirety furnishes including body evidence opposed board view remains question whether enactment two statutes altered scope review require substantiality determined light record relevantly presents formula judicial review administrative action may afford grounds certitude assure certainty application scope judicial discretion applying formula avoided falsifying actual process judging using formula instrument futile casuistry often repeated judges automata ultimate reliance fair operation standard judiciary high competence character constant play informed professional critique upon work since precise way courts interfere agency findings imprisoned within form words new formulas attempting rephrase old likely helpful old talismanic words avoid process judgment difficulty escape relation problem use undefined defining terms whatever changes made administrative procedure acts clearly within area precise definition impossible retention familiar substantial evidence terminology indicates drastic reversal attitude intended standard leaving unavoidable margin individual judgment leave judicial judgment large even though phrasing standard wholly fence legislative history acts demonstrates purpose impose courts responsibility always recognized course statute committee report interpreting fair interpretation statute often art proliferating purpose brooklyn national commissioner revealed demonstrable forces produced precise phrasing adoption statutes substantial evidence test response pressures stricter uniform practice reflection approval existing practices find change elusive precisely defined mean may ignored fail duty effectuate congress denied recognition expressed congressional disapproval finality accorded labor board findings decisions lower courts even atmosphere may favored decisions conclude therefore administrative procedure act act direct courts must assume responsibility reasonableness fairness labor board decisions courts shown past reviewing courts must influenced feeling abdicate conventional judicial function congress imposed responsibility assuring board keeps within reasonable grounds responsibility less real limited enforcing requirement evidence appear substantial viewed record whole courts invested authority enjoying prestige courts appeals board findings entitled respect must nonetheless set aside record appeals clearly precludes board decision justified fair estimate worth testimony witnesses informed judgment matters within special competence follows enactment statutes require every appeals alter practice perhaps majority always applied attitude reflected legislation explore whether particular alter practice divert attention application standard prescribed futile inquiry nature test formerly used particular power review correctness application present standard seldom called action whether record whole substantial evidence support agency findings question congress placed keeping courts appeals intervene rare instance standard appears misapprehended grossly misapplied ii disagreement view scope review labor board decisions unaltered recent legislation noted require reversal decision may applied standard review satisfies present congressional requirement decision appeals assailed two grounds said erred holding barred taking account report examiner questions fact insofar report rejected board board order supported substantial evidence record considered whole even apart validity refusal consider rejected portions examiner report latter contention easily met true two earlier decisions among disapproved congress disapproval seen may well caused unintended intimations judicial phrasing event clear opinion case fact consider record whole deem merely judicial echo board conclusion testimony company witnesses inconsistent clear evidence complaining employee discharged officer one time influenced appearance board hearing record say error grant enforcement first contention however raises serious questions turn iii appeals deemed bound board rejection examiner findings considered findings unassailable master section labor management relations act provides upon preponderance testimony taken board shall opinion person named complaint engaged engaging unfair labor practice board shall state findings fact stat supp iii responsibility decision thus placed board wholly inconsistent notion power reverse examiner findings clearly erroneous limitation make drastic departure prior administrative practice explicitness required appeals concluded premise although board wrong totally disregarding findings practically impossible upon review findings board substitutes consider board reversal factor decision say find middle ground treating reversal error whenever done judge master equity much respect logical acumen chief judge appeals find pinioned horns dilemma aware give examiner findings less finality master yet entitle consideration striking account introduce another unruly factor judgmatical process review fashion exclusionary rule merely reduce number imponderables considered reviewing courts act provides findings board respect questions fact supported substantial evidence record considered whole shall conclusive stat supp iii surely examiner report much part record complaint testimony according administrative procedure act decisions including initial recommended tentative decisions shall become part record stat found act provision judicial review meaning act similarity two statutes language purpose also requires definition record found administrative procedure act construed applicable well term record used act therefore difficult escape conclusion plain language statutes directs reviewing determine substantiality evidence record including examiner report conclusion confirmed indications legislative history enhancement status function trial examiner one important purposes movement administrative reform aim set forth attorney general committee administrative procedure general relationship upon appeal hearing commissioner agency considerable extent trial appellate conclusions interpretations law policy course open full review hand matters hearing commissioner heard evidence seen witnesses best qualified decide agency reluctant disturb findings unless error clearly shown refusal make mandatory recommendations attorney general committee construed repudiation nothing statutes suggests labor board influenced examiner opportunity observe witnesses hears sees board nothing suggests reviewing courts give examiner report probative force intrinsically commands contrary administrative procedure act contains detailed provisions designed maintain high standards independence competence examiners section labor management relations act requires examiners shall issue proposed report together recommended order statutes thus evince purpose increase importance role examiners administrative process high standards public administration counsel attribute labor board examiners due regard responsibility congress imposes competence discharge committee reports also make clear sponsors legislation thought statutes gave significance findings examiners thus senate committee responsible administrative procedure act explained report examiners decisions consequence example extent material facts case depend determination credibility witnesses shown demeanor conduct hearing house report reflects attitude senate committee report act likewise indicates regard responsibility devolving examiner require examiner findings given weight reason light judicial experience deserve substantial evidence standard modified way board examiner disagree intend recognize evidence supporting conclusion may less substantial impartial experienced examiner observed witnesses lived case drawn conclusions different board reached conclusion findings examiner considered along consistency inherent probability testimony significance report course depends largely importance credibility particular case give significance seem us materially difficult heed factors sum determine whether evidence substantial direction law moves often guide decision particular cases serves confirm conclusion however halting progress trend litigation toward rational inquiry truth tribunal considers everything logically probative matter requiring proved thayer preliminary treatise evidence funk refused accept assumptions fact demonstrably false provident trust even agreed parties swift hocking valley machinery discovery evidence strengthened boundaries judicial notice slowly perceptibly enlarged reverse process courts deny examiners findings probative force conduct affairs outside courtroom therefore remand cause appeals reconsideration record accord findings trial examiner relevance reasonably command answering comprehensive question whether evidence supporting board order substantial need limit reexamination case effect report decision leave free grant deny enforcement thinks principles expressed opinion dictate judgment vacated cause remanded footnotes see testimony dean stason subcommittee senate committee judiciary hearings sess see example remarks laird bell chairman committee administrative law chicago bar association writing american bar association journal see gall current labor problem view industry iowa rev charge made majority special committee house appointed investigate national labor relations board sess professor gellhorn linfield reached conclusion extended investigation denunciations find support fact gellhorn linfield politics labor relations rev see also millis brown wagner act wilson labor board labor board standard oil judge learned hand said understand law decision board upon issue practical purposes open us certainly decided substantial evidence disestablished union immediately preceded period dominated union recognize momentous may abdication power review cong rec reprinted doc sess final report referring proposals enlarge scope review permit inquiry whether findings supported weight evidence majority said assuming change may desirable respect special administrative determinations serious objection adoption general application first place question much change amendment produce respect courts judgments specialized tribunals carefully considered problems evidence legislated away line substantial evidence weight evidence easily drawn particularly confined written record limited amount time opportunity question witnesses testimony seems hazy leaves lingering doubts unanswered substantial evidence may well equivalent weight evidence tribunal one confidence greater opportunities accurate determination already decided second place wisdom general change review weight evidence questionable change require courts determine independently way evidence preponderates administrative tribunals turned little media transmission evidence courts destroy values adjudication fact experts specialists field involved divide responsibility administrative adjudications final report minority enumerated four existing deficiencies judicial review haphazard uncertain variable results present system lack system judicial review interpretation permitting substantiality determined without taking account conflicting evidence failure existing formulas take account differences various types fact determinations practice determining standards review procedure courts recommended congress finds practicable examine situation particular agencies provide definitely general legislation availability scope judicial review order reduce uncertainty variability committee recognizes report several principal subjects judicial review including constitutional questions statutory interpretation procedure support findings fact adequate evidence last obviously think mean support findings fact including inferences conclusion fact upon whole record legislative provision however qualified direction courts respect experience technical competence specialized knowledge discretionary authority agency framed provision appendix statement scope review findings conclusions decisions case reviewing regardless form review proceeding shall consider decide far necessary decision raised parties relevant questions constitutional right power privilege immunity statutory authority jurisdiction agency lawfulness adequacy procedure findings inferences conclusions fact unsupported upon whole record substantial evidence administrative action otherwise arbitrary capricious provided however upon review due weight shall accorded experience technical competence specialized knowledge legislative policy agency involved well discretionary authority conferred upon stat et seq form finally adopted reads follows sec except far statutes preclude judicial review agency action law committed agency discretion scope review far necessary decision presented reviewing shall decide relevant questions law interpret constitutional statutory provisions determine meaning applicability terms agency action shall compel agency action unlawfully withheld unreasonably delayed hold unlawful set aside agency action findings conclusions found arbitrary capricious abuse discretion otherwise accordance law contrary constitutional right power privilege immunity excess statutory jurisdiction authority limitations short statutory right without observance procedure required law unsupported substantial evidence case subject requirements sections otherwise reviewed record agency hearing provided statute unwarranted facts extent facts subject trial de novo reviewing making foregoing determinations shall review whole record portions thereof may cited party due account shall taken rule prejudicial error stat italics statement attorney general appended senate report explained bill intended embody law declared example consolidated edison national labor relations board section appendix supra reprinted doc supra mcfarland chairman american bar association committee administrative law testified house judiciary committee effect following quotation report senate judiciary committee indicates position sponsors substantial evidence rule set forth section exceedingly important matter language substantial evidence seem adequate expression law difficulty comes practice agencies rely upon courts tacitly approve something less rely upon suspicion surmise implications plainly incredible evidence duty courts determine final analysis exercise independent judgment whether whole record evidence given instance sufficiently substantial support finding conclusion agency action matter law first instance however function agency determine sufficiency evidence upon acts proper performance public duties require undertake inquiry careful dispassionate manner objectives bill worded fail supplemental legislation required supra house committee report substantially effect sess reports reprinted doc supra see also response senator mccarran debate effect bill changed rule courts powerless interfere probative evidence see comment congressman springer member house judiciary committee stat supp iii et seq reprinted legislative history labor management relations act history evolution senate provision given senator morse cong rec reprinted legislative history prints approved committee sess reprinted legislative history committee explain ambiguity might noted phrase italicized indistinguishable content requirement administrative procedure act shall review whole record portions thereof may cited party senator taft gave explanation senate meaning section first place evidence must substantial second place must still look substantial viewed light entire record go far saying decision reversed weight evidence go quite far power given circuit appeals review decision goes great deal present law gives greater opportunity reverse obviously unjust decision part national labor relations board cong rec reprinted legislative history sess reprinted legislative history labor board nevada consolidated copper reversed judgment refusing enforce board order upon examination record say findings fact board without support evidence sufficiency evidence support findings fact involved three decisions reference made labor board hearst publications republic aviation labor board labor board le tourneau language used offers probable explanation including two decisions courts appeals wilson labor board appeals seventh circuit sustained finding employer dominated company union stating recognized tried findings must sustained even contrary great weight evidence ignored least endeavored ignore shocking injustices findings opposed overwhelming weight evidence produce labor board columbia products per curiam decision appeals second circuit sustaining finding discriminatory discharge said board decision question fact though may strain credulity quite break must accept reason disapproval labor board union pacific stages apparent appeals ninth circuit enforced portion board order directing company disavow policy discrimination union members ground appeared evidence although disputed company officials discouraged employees joining bulk lengthy opinion however devoted discussion facts support conclusion board findings discriminatory discharges sustained labor board standard oil labor board columbia products see notes supra rule fed rules civ gives finality findings master unless clearly erroneous ruling excluding consideration disagreement board examiner apparent conflict views three circuits labor board ohio calcium cir staley mfg labor board cir wilson labor board cir cf international assn machinists labor board app final report proposed bill quoted final report stat quoted provision appear bill form introduced senate added senate judiciary committee committee published reasons modifying earlier draft gave explanation particular change see doc supra likely sentence intended embody clause draft prepared attorney general committee provided review case decided initially examiner agency jurisdiction remand affirm reverse modify set aside whole part decision hearing commissioner make finding judgment proper upon record final report substance recommendation included bills introduced house quoted doc supra salaries trial examiners range per year see appendix budget government fiscal year ending june supra reproduced doc supra sess reprinted doc supra house report added broad sense agencies reviewing powers compared courts section bill language statute offers support statement sess quoted legislative history labor management relations act