Holding that "[w]hen an activity is either arguably protected by 7 or arguably prohibited by 8 of the NLRA," federal courts must defer to the NLRB, but that when "the activity in question also constitutes a breach of a [CBA], the [NLRB's] authority is not exclusive and does not destroy the jurisdiction of the courts in suits under [LMRA ยง] 301"
In Timken Roller Bearing Co. v. NLRB, 325 F.2d 746 (6th Cir. 1963), cert. denied, 376 U.S. 971, 84 S.Ct. 1135, 12 L.Ed.2d 85 (1964), the court considered a union request for information concerning five grievances that awaited hearings before a chosen arbitrator.
Holding that employer committed an unfair labor practice by failing to disclose results of survey of wages paid by other employers in the area in response to request by union
In N.L.R.B. v. Southern Materials Co., 447 F.2d 15 (4th Cir. 1971), the Fourth Circuit found the following clause to be a "clear and unmistakable" waiver of the union's right to negotiate about Christmas bonuses.