In NLRB v. Princeton Inn Co., 424 F.2d 264 (C.A.3, 1970), the Board found that a union adherent's foul and abusive language toward a female employee was pretext for discharge, considered against his prior usage of similar language without warning, and the employer's background of antiunion bias, and the fact that a supervisor present did not admonish the employee.
In Pembeck, decided after Better Val-U Stores, Judge Hays again dissented, pointing out that neither Flomatic nor Val-U Stores had reached to § 8(a)(5) cases and urging that the "flagrant violation" standard not be extended to such cases.
In Cathey v. National Labor Relations Board, 5 Cir., 189 F.2d 428, a petition for enforcement of an order of the Labor Board was denied and the complaint dismissed by the Court of Appeals, where the union concerned had failed to comply with the non-Communist affidavit provisions of the Act.