Hood River Distillers, Inc. v. National Labor Relations Board
1. Does review for "substantial evidence" require courts to ensure that the Board's decision is reasonably supported by the evidence as a whole, including evidence that detracts from the Board's view, as opposed to deferring to the Board if the record contains any evidence that, when considered in isolation, would support the Board's ultimate decision?
2. Is an employer excused from bargaining to impasse (and thus permitted to unilaterally change the terms and conditions of employment) when a union engages in dilatory tactics to delay bargaining and prevent impasse?
Does review for 'substantial evidence' require courts to ensure that the Board's decision is reasonably supported by the evidence as a whole, including evidence that detracts from the Board's view, as opposed to deferring to the Board if the record contains any evidence that, when considered in isolation, would support the Board's ultimate decision?