The problem to be considered in this comment is the extent to which employees will, as a consequence of wrongful action on their part, be denied benefits secured to them by the National Labor Relations Act. Inherently, the discussion must also include the examination of another fundamental issue; viz., what is the proper relation between the National Labor Relations Board and the courts on this problem? The substantive question may arise either where the employer seeks to justify a discharge of the worker because of alleged misconduct, or where the misconduct is sought to be used as an estoppel against reinstatement of the alleged wrongdoer under the act. Also, in fact situations involving the problem, the reader will notice that an unfair labor practice always either precedes the discharge, or is sought to be found in the discharge itself, or, if there is no discharge, precedes the attempt to obtain reinstatement.
John C. Griffin,
LABOR LAW - NATIONAL LABOR RELATIONS ACT - EMPLOYEE MISCONDUCT AS BARRING RELIEF,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol37/iss8/6