opinion: NATIONAL LABOR RELATIONS BOARD, Petitioner, v. COOKE & JONES, INC., Respondent.
  No. 6371.
  United States Court of Appeals First Circuit.
  Dec. 21, 1964.
  Allison W. Brown, Jr., Attorney, Washington, D. C., with whom Arnold Ord-man, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Assistant General Counsel, and Duane R. Batista, Attorney, Washington, D. C., were on brief, for petitioner.
  Hugh J. Corcoran, Springfield, Mass., with whom Burton Winer, Greenfield, Mass., Ely, King, Kingsbury & Corcoran, Springfield, Mass., and Levy & Winer, Greenfield, Mass., were on brief, for respondent.
  Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.
  Judge Hartígan heard the oral argument aud participated in the conference at which a tentative decision for the petitioner was made. Because of illness he does not participate in the opinion or decree.
  PER CURIAM.
  The respondent employer was found by the National Labor Relations Board to have violated sections 8(a) (5) and (1) of the Act, 29 U.S.C. §§ 158(a) (5) and (1). It resists this petition for enforcement on the sole ground that the evidence did not warrant the findings. Respondent, in the first place, has misconstrued the comprehensive report of the trial examiner confirmed by the Board. Its statement that the Board did not “even dignify [certain] * * * testimony by a statement that it was disbelieved” is only narrowly correct. The testimony of respondent’s president to which this referred went solely to the question of motivation. The Board expressly found' that respondent’s motivation was improper. It was unnecessary for it to mention in detail all of respondent’s contrary testimony. The duty to discuss evidence is a matter of degree. Cf. Haverhill Gazette Co. v. Union Leader Corp., 1 Cir., 1964, 833 F.2d 798, 805, cert. den. 379 U.S. -, 85 S.Ct. 329. There was other testimony, which was fully discussed, amply warranting the finding against respondent.
  Furthermore, if the promotion of certain of respondent’s carpenters to supervisors was in fact essentially a paper transaction not causing them to become true supervisors, the respondent’s duties to bargain depended upon the actual circumstances, not upon its motivation or good faith. Cf. International Ladies’ Garment Workers’ Union, AFL-CIO v. NLRB, 1961, 366 U.S. 731, 81 S.Ct. 1603, 6 L.Ed.2d 762; NLRB v. Burnup & Sims, 379 U.S. 21, 85 S.Ct. 171, 13 L.Ed.2d 1. The Board has considerable discretion in determining whether an employee is a supervisor. NLRB v. Swift & Co., 1 Cir., 1961, 292 F.2d 561. We find no error in its exercise here.
  A decree will be entered enforcing the order of the Board.
instruction: What follows is an opinion from a United States Court of Appeals. You will be asked a question pertaining to issues that may appear in civil law issues involving government actors. The issue is: "Did the court conclude that it should defer to agency discretion? For example, if the action was committed to agency discretion. Answer the question based on the directionality of the appeals court decision. If the court discussed the issue in its opinion and answered the related question in the affirmative, answer "Yes". If the issue was discussed and the opinion answered the question negatively, answer "No". If the opinion considered the question but gave a mixed answer, supporting the respondent in part and supporting the appellant in part, answer "Mixed answer". If the opinion does not discuss the issue, or notes that a particular issue was raised by one of the litigants but the court dismissed the issue as frivolous or trivial or not worthy of discussion for some other reason, answer "Issue not discussed". If the opinion considered the question but gave a "mixed" answer, supporting the respondent in part and supporting the appellant in part (or if two issues treated separately by the court both fell within the area covered by one question and the court answered one question affirmatively and one negatively), answer "Mixed answer". If the opinion either did not consider or discuss the issue at all or if the opinion indicates that this issue was not worthy of consideration by the court of appeals even though it was discussed by the lower court or was raised in one of the briefs, answer "Issue not discussed".