Clougherty Packing Co.

N.L.R.B. v. W. C. McQuaide, Inc.
552 F.2d 519 (3d Cir. 1977) Cited 40 times
In McQuaide, supra, we stated flatly: "Rather than focus on either the subjective intent of the striker or the perception of the `victim,' we adopt an objective standard to determine whether conduct constitutes a threat sufficiently egregious to justify" the imposition of sanctions by the employer.
Tseung Chu v. Cornell
247 F.2d 929 (9th Cir. 1957) Cited 51 times
Rejecting vagueness challenge to the phrase where intent to defraud was an element of crime
Rubin Bros. Footwear v. Natl. Labor Rel. Bd.
203 F.2d 486 (5th Cir. 1953) Cited 17 times
In Rubin Bros. Footwear v. National Labor Relations Bd., 203 F.2d 486 (C.C.A. 5th), the Court said: "If anything is settled in labor law and under the act, we think it is that membership in a union does not guarantee the member against a discharge as such. It affords protection against discharge only where it is established that the discharge is because of union activity."