In NLRB v. Interboro Contractors, Inc., 388 F.2d 495, 500 (2d Cir. 1967), the Court of Appeals for the Second Circuit stated that the efforts of an individual employee acting alone to enforce the provisions of a collective bargaining agreement may be deemed "concerted," and thus protected, at least when the individual's interpretation of the agreement has a reasonable basis.
In ARO, Inc. v. NLRB, 596 F.2d 713, 718 (6th Cir. 1979), this court held, "For an individual claim or complaint to amount to concerted action under the Act it must... be made with the object of inducing or preparing for group action...."
Finding concerted activity because "a reasonable inference can be drawn that the men involved considered that they had a grievance and decided, among themselves, that they would take it up with management"
In Buddies Supermarkets, employee Smith was discharged for causing dissention among his co-workers after failing to gain a more favorable contract for himself. The ALJ held that the employee was discharged for engaging in section 7 protected concerted activity, and the Board affirmed.
In Mushroom Transportation Co. v. NLRB, 330 F.2d 683, 685 (3d Cir. 1964), we held that to qualify as concerted activity "it must appear at the very least that [the conduct] was engaged in with the object of initiating or inducing or preparing for group action or that it had some relation to group action in the interest of the employees."
Noting that, while timing is a factor, "the thrust of Exchange Parts is the condemnation of granting such benefits with the purpose of affecting the outcome of an election"
In N.L.R.B. v. C I Air Conditioning, Inc., supra, 486 F.2d 977, 978, the court recognized the "emergence of [the Interboro] rule" but found it unnecessary to follow.
In NLRB v. John Langenbacher Co., 398 F.2d 459, 463 (1968), it held that an attempt by employees to enforce their understanding of a collective bargaining agreement is a protected activity "... if the employees have a reasonable basis for believing that their understanding of the terms was the understanding that had been agreed upon...." (emphasis supplied)