JONES, Circuit Judge.
The National Labor Relations Board found that the respondent, Citizens Hotel Company, doing business as Texas Hotel, had violated Section 8(a) (1) of the National Labor Relations Act, as amended, 29 U.S.C.A. § 151 et seq., by interference with and coercion of employees in the exercise of rights guaranteed by the Act; and had violated Section 8(a) (3) and (1) of the Act by wrongfully discharging employees for engaging in union activity. The Board issued its customary cease and desist order and directed reinstatement with back pay of the discharged employees. 131 N.L.R.B. 834. The Board seeks enforcement of its order.
There is little dispute as to the evidentiary facts but the sufficiency of them to sustain the Board's findings is challenged. In the latter part of July, 1960,
At the outset the respondent challenged the Board's jurisdiction, contending that it is not engaged in commerce within the meaning of the Act. The Board's findings of the jurisdictional facts are in these words:
At one time it was the Board's policy to decline jurisdiction of cases where the employer was a hotel operator. Under what the Board regarded as the compulsion of Hotel Employees Local No. 225 v. N. L. R. B., 358 U.S. 99, 79 S.Ct. 150, 3 L.Ed.2d 143, it revised its policy and its present jurisdictional formula for application in cases involving hotels is thus stated:
The gross revenues of the respondent exceed $500,000 per annum. While this case was pending before us, but prior to argument, the case of Reliance Fuel Oil Corporation v. N. L. R. B., 2nd Cir. 1961, 297 F.2d 94, was decided. The respondent pointed out the close parallel of the Reliance fact situation with that before us and strongly urged that we should follow it and decide that the Board was without jurisdiction. The Reliance company was a dealer of fuel oil in the State of New York selling only to customers in New York. It purchased from Gulf Oil Corporation, a producer and distributor in interstate commerce of petroleum products, fuel oil and related products of a value of over $650,000, substantially all of which was shipped from out of the State to Gulf's tanks in New York from which deliveries were made to Reliance.
The Supreme Court granted certiorari to review the Reliance Fuel Oil Corporation case and we deferred our decision pending the Supreme Court's opinion. That opinion was rendered January 7, 1963. 371 U.S. 224, 83 S.Ct. 312, 9 L.Ed.2d 279. The Supreme Court held that the operations of Reliance and the related unfair labor practices "affected" commerce within the meaning of the Act. In its opinion the Supreme Court reiterated its declaration "that in passing the National Labor Relations Act, Congress intended to and did vest in the Board the fullest jurisdictional breadth constitutionally permissible under the Commerce Clause," and that under the Act "the Board is to determine `whether proscribed practices would in particular situations adversely affect commerce when judged by the full reach of the constitutional power of Congress.'" Applying the principles announced by the Supreme Court, it is clearly apparent that the Board had jurisdiction of the matter from which this review has its origin, and to enter the order of which it here seeks enforcement.
On the merits, it is contended by the respondent that the Board's findings of interference, restraint and coercion, and its findings of the discriminatory discharge of employees, are not supported by substantial evidence. It is not necessary to discuss the testimony of the various witnesses or to make an analysis of the Board's reasoning in the making of its findings. The inferences which the Board has drawn in its determination of the purposes of the respondent in its surveillance and interrogation of its employees in their union activities and of its motives in discharging employees Johnson and Williams were permissible and warranted by the testimony before it. The findings are supported by substantial evidence on the record as a whole. The order of the Board will be