Byron White

“ To what extent the proof would fail under the standard we here hold applicable and what legal difference it might make are matters open to be dealt with on remand. We do note from the trial court's opinion that except for violence and some picketing, issues of union responsibility for acts alleged and proved were nonexistent or played little part in the thinking of the trial judge.↑ 'In civil cases (the fact finder's) duty is to weight the evidence carefully, and to find for the party in whose favor it preponderates. ”

“ We know that Congress feared the concentrated power of business organizations to dominate markets and prices. * * * A business monopoly is no less such because a union participates, and such participation is a violation of the Act.' Id., at 811, 65 S.Ct., at 1540. Hence we also adhere to the decision in Pennington: ' (T) he relevant labor and antitrust policies compel us to conclude that the alleged agreement between UMW and the large operators to secure uniform labor standards throughout the industry, if proved, was not exempt from the antitrust laws.' 381 U.S., at 669, 85 S.Ct., at 1593. ”

“ Notes
↑ In return the operators agreed 'that all bituminous coal mined, produced, or prepared by them, or any of them, or procured or acquired by them or any of them under a subcontract arrangement' should be produced under terms and conditions which are as favorable to the employees as those provided for in this contract.↑ The Bituminous Coal Operators Association (BCOA) was formed as a multi-employer collective-bargaining unit in 1950, just after signing of the 1950 NBCWA. Member employers ranged from the small to the large, though its members mined about 50% of U.S. bituminous coal. ”

“ The reasoning of the lower courts in departing from the usual preponderance-of-evidence rule generally applicable to civil actions in federal courts [6] was rooted in § 6 of the Norris-LaGuardia Act, 47 Stat. ”