National Labor Relations Board v. The Great Atlantic & Pacific Tea Company, P & C Food Markets, Inc., and American Stores Company

KAUFMAN, Circuit Judge:

In rather rapid succession, we are called upon once again to decide whether certain conduct violated ’the proscription in the National Labor Relations Act against encouragement or discouragement of “membership in any labor organization” “by discrimination in regard to hire or tenure of employment or any term or condition of employment.” Section 8(a) (3), 29 U.S.C. § 158(a) (3). See NLRB v. Local 50, American Bakery Workers, 339 F.2d 324 (2d Cir. 1964). The National Labor Relations Board petitions for enforcement of its order based upon findings that the Great Atlantic &…