“well settled that enforcement of otherwise valid rule only against those engaging in union activities is discriminatory”
How later courts described this case
- “well settled that enforcement of otherwise valid rule only against those engaging in union activities is discriminatory”
Written by the judges who cited it.
The opinion
CRAVEN, Circuit Judge
(concurring and dissenting):
I concur in the decision of the court with respect to the § 8(a) (1) and § 8(a) (3) violations. I dissent from the court’s refusal to accept as supported by substantial evidence the Board’s determination of a violation of § 8(a) (5). I find it incredible that an employee of this anti-union company could doubt his ability to obtain protection from the tyranny of a union-sympathizing supervisor. Indeed, the record strongly suggests that an employee needed only to report to top management such a supervisor to secure the latter’s dismissal. In any event, such questions, it seems to me, are for Board determination, and I would enforce the Board’s order requiring the company to bargain.