Explaining that when the Board found that there was "no sufficient objective basis" for finding that employees viewed a statement as a threat, § 158(c) "plainly bars the Board not only from finding the speech was an unfair labor practice ... but also from using it as ‘evidence of an unfair labor practice.’ "
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."