The history of the National War Labor Board and the nature and effect of its orders were reviewed by this court in Pearson Candy Co. v. Waits (1946), 27 Cal.2d 615, 617-619 [165 P.2d 674], and need not be repeated here. It is sufficient to point out that we there held, in reliance upon federal decisions by which we are bound, that (pp. 618-619) “the board’s orders . . . rest simply on an appeal to the moral obligation of the parties and are neither enforceable nor reviewable [by the courts]. [Citations.] . . . ‘The National War Labor Board is not, under the law, vested with judicial functions, nor does it have power to enforce its determinations, called “directives,” upon the parties to a controversy before it . . .’ (Oil Workers Inter. Union v. Texoma Nat. Gas Co., 146 F.2d 62, 65.)” (See also Martin v. Campanaro (1946), 2 C.C.A., 156 F.2d 127, 129.) Moreover, we there noted that it is declared in Baltimore Transit Co. v. Flynn (1943), 50 F.Supp. *446382, 387, that the board ‘ ‘ does not exist as a tribunal to determine the legal rights and obligations of employer and employee, or to protect and enforce such rights, but merely to decide how such rights, in the Board’s opinion, are to be exercised in the public interest in view of the state of war.” It would thus appear that even if defendant here had sought approval by the National War Labor Board of the new wage schedule, he would have been legally free, insofar, at least, as any authority of the National War Labor Board itself is concerned, to disregard any approval or disapproval which the board might have expressed and to adopt or not adopt the new schedule according as he and his employes might agree. Defendant urges that therefore his failure to seek approval of the board cannot have the binding effect of freezing his “regular rate” under the Fair Labor Standards Act at 92% cents an hour and thereby creating the liability sought to be enforced in this action. Defendant’s position in this respect appears to be sound in the light of the applicable court decisions.