[310 U.S. 318, 319] Robert Jackson, Atty. Gen., and Mr. Charles Fahy, of Washington, D.C., for petitioner.
Mr. Harry Parsons Cross, of Providence, R.I., for respondent, Bradford Dyeing Ass'n.
Mr. William G. Feely, of Washington, D.C., for Bradford Dyeing Ass'n Employees' Federation Local Union No. 16, intervener, respondent.
Mr. Justice BLACK delivered the opinion of the Court.
The Circuit Court of Appeals declined to decree effective enforcement of an order of the National Labor Relations Board upon the ground that the Board's order, in material respects, rested upon findings that were not supported by substantial evidence. 1 Cir., 106 F.2d 119. [310 U.S. 318, 320] In its petition for certiorari, the Board took sharp issue with the Court of Appeals, asserting that some findings upset by the court were supported not merely by substantial but by 'uncontradicted' and 'undisputed evidence.' The petition also pointed out that the court's opinion was 'ambiguous and inconclusive' and 'left unclear the court's holding as to whether the Board had jurisdiction.' Our inspection of the court's opinion and decree disclosed that the court deemed the Board to be wholly lacking in jurisdiction. Nevertheless, the Board was ordered to proceed in accordance with the opinion which concluded with the indecisive statement that 'if the case should not be dismissed for lack of jurisdiction' a large part, but apparently not all, of the Board's order should be vacated. The court's decree did not direct enforcement even of those parts of the Board's order not expressly vacated. The Board's petition further pointed out that its motion for rehearing in order to clarify the question of its jurisdiction and to establish the status of 'those portions of the Board's order which the court neither vacated nor enforced' was denied without explanation. Because the Labor Board's petition in challenging the action of the Court of Appeals thus raised questions of grave public importance affecting the administration of the National Labor Relations Act, 29 U.S.C.A. 151 et seq., and judicial review as provided in the Act, we granted certiorari.