In K K Gourmet Meats, the ALJ had characterized the violations of the Act as "minimal", 640 F.2d at 468; in this case the ALJ described the promotions and wage increases as "serious unfair labor practices."
In NLRB v. Kostel Corp., 440 F.2d 347, 350-351 (7th Cir. 1971), the court recognized an initially invalid demand as an adequate basis for a "continuing demand," where the company requested that the matter of representation be deferred for more than three weeks during which time the union did in fact reach majority status.
Enforcing the Board's conclusion that pharmacy managers were not supervisors even though the managers filled out performance review forms concerning clerks that sometimes played some part in the grant of merit raises