The opinion
SOPER, Circuit Judge,
dissenting.
I do not think that the order of the Labor Board is supported by substantial evidence. It is perfectly plain that the order finds no support in the posting of rules governing the conduct of the employees in the plant which were fair and reasonable; and that the order is not supported by the second increase of wages without previous formal approval of -the union, since the union gave its approval to the first and third increases in wages, was notified in advance of the second increase and understood and approved the policy of the employer of keeping pace with increases in wage rates in other parts of North Carolina, for which purposes all three wage increases were made. It is noteworthy that the trial examiner foúnd no fault with the action of the employer in these two respects.
*707 If seems equally clear that the employer had the right to insist upon penalties which would be imposed upon the union only if it would violate its contract. The parties met nineteen times for negotiations in an attempt to adjust their differences. They split in the end largely on the question of union liability for breach of contract, and it cannot justly be said that the employer refused to bargain because it would not recede from its position on this crucial point. To make such a holding does not promote collective bargaining. On the contrary, it interferes with the freedom of the parties because it enables the Board, with the approval of the court, to put pressure on one of the negotiators to accept an agreement to which it objects. In the end the Board will be the arbiter as to what terms the employer may reasonably insist upon and an approach to compulsory arbitration will have been made which the statute does not contemplate.