Labor law — Unfair labor practices — Evidence — Substantiality — Pennsylvania Labor Relations Board — Order — Findings of fact — Setting aside — Acts of June 1, 1937, P. L. 1168, and June 9, 1939, P. L. 293.
1. In a proceeding by the Pennsylvania Labor Relations Board under the Act of June 1, 1937, P. L. 1168, as amended by the Act of June 9, 1939, P. L. 293, against an employer who is charged with unfair labor practices, the Board has the burden of proving by substantial and credible evidence that the employer was guilty of such practices, and in the absence of such evidence the findings of the Board must be set aside and its order vacated. [461-2, 463-4]
2. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion, and it must be enough to justify, if the trial were by a jury, a refusal to direct a verdict when the conclusion sought to be drawn from it is one of fact for the jury. [461-2]
3. Suspicion cannot be substituted for evidence in a hearing before the Pennsylvania Labor Relations Board. [463-4]
Argued May 26, 1941.
PER CURIAM:
The decree of the court below, setting aside the order of the Pennsylvania Labor Relations Board, is affirmed on the foregoing excerpts from the opinion of the court below, at the cost of appellant.