388 U.S. 26 (1967) Cited 322 times 8 Legal Analyses
Holding that substantial evidence supported the Board's finding of discriminatory conduct as the Company failed to meet its burden of establishing legitimate motives for its conduct
Holding issue not exhausted where the "tenor" of petitioner's objection to the Board was "purely factual," but the tenor of the objection on appeal was legal
Noting that the employer's "decision to lay off both men only a few days after they engaged in picketing bolsters the inference that [the employer] terminated them because of their union activities"
Noting that the only argument raised on appeal — that applicants who wrote "volunteer union organizer" on applications were not bona fide employees under the Act — was specifically rejected by the Supreme Court in N.L.R.B. v. Town Country Elec., Inc., 516 U.S. 85, ___, 116 S.Ct. 450, 457, 133 L.Ed.2d 371