In NLRB v. Threads, Inc., 308 F.2d 1, 9 (4th Cir. 1962), in which I concurred, we made the logic-defying statement that prior (or presumably simultaneous) unlawful labor practices can "not transform protected free speech into unlawful and unprotected speech."
In Filler Products Inc. v. NLRB, 376 F.2d 369, 378 n. 3 (4th Cir. 1967), the court reiterated that "[o]ne of the established ways to determine in disputed cases when an employee is discharged is to ascertain when he was replaced."
29 U.S.C. § 160 Cited 7,062 times 23 Legal Analyses
Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB