In Bourne, we held that interrogation which does not contain express threats is not an unfair labor practice unless certain "fairly severe standards" are met showing that the very fact of interrogation was coercive.
Holding that knowledge of union activities could be inferred from the fact that an employer discharged eleven of sixteen union adherents without discharging any of its remaining seventy-four employees
In NLRB v. Budd Mfg. Co., 169 F.2d 571, 577 (6th Cir. 1945), cert. denied, 335 U.S. 905, 69 S.Ct. 411, 93 L.Ed. 441 (1949), the Sixth Circuit Court of Appeals specifically rejected the notion that the protection afforded by the National Labor Relations Act is a constitutional right.
In American Boiler, the complaint alleged a fabrication clause in a collective-bargaining contract was being unlawfully applied by the parties, but the issue of legality of the clause was not passed on by the Board, even though the validity of the clause would be dispositive and was fully litigated by the parties; this Court remanded to the Board to determine the legality of the clause.