Indiana & Michigan Electric Company v. National Labor Relations Board

TONE, Circuit Judge.

The issue in this case is whether disciplining union stewards and a union officer more severely than rank-and-file employees for participation in an unlawful strike was inherently destructive of important employee rights and hence a violation of §§ 8(a)(3) and (1) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(3) and (1), regardless of business justification and absence of anti-union motivation. The National Labor Relations Board held that it was. We disagree and therefore deny enforcement of the Board’s order.

The facts are not in dispute. The employer is a…