Ferrell-Hicks Chevrolet, Inc.

N.L.R.B. v. A.P.W. Products Co.
316 F.2d 899 (2d Cir. 1963) Cited 40 times
No. 258, Docket 27676. Argued March 11, 1963. Decided April 25, 1963. Melvin Pollack, Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Gary Green, Atty., N.L.R.B., Washington, D.C., for petitioner. Sidney A. Coven, Joseph Lepie, Boston, Mass., for respondent. Benjamin Wyle, New York City and Warren Woods, Washington, D.C., submitted brief as attorneys for amicus curiae, United Paper-makers and Paperworkers, AFL-CIO. Before MOORE, FRIENDLY
Burinskas v. N.L.R.B
357 F.2d 822 (D.C. Cir. 1966) Cited 27 times
Holding that Board cannot "act arbitrarily nor can it treat similar situations in dissimilar ways"
Nat'l Labor Relations Bd. v. Thayer Co.
213 F.2d 748 (1st Cir. 1954) Cited 40 times
In Thayer, the court first announced that if the activity causing dismissal was protected under § 7 of the Act then denial of reinstatement was unlawful. If the activity was unprotected under § 7, however, the legality of the denial was to be determined according to a balancing test.