In Joy Silk the Court held that when an employer could have no doubt as to the majority status or when an employer refuses recognition of a union "due to a desire to gain time and to take action to dissipate the union's majority, the refusal is no longer justifiable and constitutes a violation of the duty to bargain set forth in section 8(a)(5) of the Act".
In N.L.R.B. v. Dant, 344 U.S. 375, 73 S.Ct. 375, 97 L.Ed. 407, the legal effect of affidavits filed by union officers was successfully challenged in an enforcement proceeding in the Court of Appeals.
Holding that circulation of a petition by an employee for the removal of a foreman against whom the employee held a personal grudge was not protected activity
In Chicago Rawhide, this Court concluded that: "[n]either mere cooperation, preference, nor possibility of control constitute unfair labor practices; and the Board may not infer conduct that is violative of the Act from conduct that is not, unless there is a substantial basis, in fact or reason, for that inference."
In Coppus we adopted the requirement of actual evidence of domination of Chicago Rawhide Mfg. Co. v. NLRB, 221 F.2d 165 (7th Cir. 1955), and found none. Chief Judge Magruder, in a concurring opinion, recognized fully that the Shop Committee may have been "a feeble instrument", 240 F.2d at 573, but that it was "not the duty of the employer nor a function of the Board to `baby' along the employees in the direction of choosing an outside union."
Stating that employer can prohibit employees from wearing buttons emblazoned with the slogan "Don't be a Scab" because of slogan's inherent tension to incite unrest and resentment; however, the restriction does not include "passive inoffensive advertisement of organizational aims and interests . . . which in no way interferes with discipline and production"
Holding that a strike protesting the replacement of a supervisor where the evidence showed the strike to be based on mere personal antipathy toward a new foreman was unprotected activity.