J. P. Stevens & Co. v. National Labor Relations Board

In J. P. Stevens & Co., Inc. v. N.L.R.B., 638 F.2d 676 (4th Cir. 1980), the majority of a panel of this Court approved an order of the Board which had held certain language used by Stevens to be coercive even though we previously had found that such language constituted protected speech and was not violative of the Act. The sole basis for the Board’s finding in that case was Stevens’ long history of anti-union bias and litigation before the Board. In my judgment such action by the Board denied Stevens its rights under the First Amendment and Section 8(c) of the Act solely as punishment for…