Holding an injunction banning picketing was "justified only by the violence that induced it and only so long as it counteracts a continuing intimidation"
In Fansteel, the Board awarded reinstatement with backpay to employees who engaged in a "sit down strike" that led to confrontation with local law enforcement officials.
Concluding that "when the entire record is considered there was substantial evidence to support the Board's finding that [employee's] discharge was the result of his having presented a grievance to the management" even though employee was overheard referring to company's superintendent as "the horse's ass" and was thereafter summarily discharged
In Crown Central Petroleum Corp. v. NLRB, 430 F.2d 724 (5th Cir. 1970), which the Board cites, the Fifth Circuit focussed on the context of the misconduct as the key to deciding whether the misconduct was protected by the Act.
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
Noting that the test for violations of sec. 8, now codified as sec. 8, of the NLRA is whether "the employer engaged in conduct which, it may reasonably be said, tends to interfere with the free exercise of employee rights under the Act," and that actual or successful coercion need not be shown in order for the Board to find a violation