This ease was before the court on a prior occasion. Seе International Ladies’ Garment Workers’ U. v. N. L. R. B.,
“It will thus be seen that we agree with the Board’s cоnclusion that Mrs. Akey’s conduct with respect to the second letter was concerted activity, but disagree as to the manner in which the Board’s general rule *754 as to employer knowledge was applied. One further issue remains, however — whether Mrs. Akey’s conduct with respect to that letter was ‘protected’, a matter on which the Board expressly declined to rule. Whether an activity is protected or not depends not only on the wording and purposes of the Act, but on the precise nature and effeсt of the employee’s conduct. The question is accordingly one for the Board to decide in the first instance, and we express no opiniоn on the subject at the present stage. No doubt, however, the Board will wish tо consider whether Mrs. Akey’s second letter contained false information, and, if so, whether the falsehoods were such as to remove the writing from any ‘protected’ status it might otherwise possess.”112 U.S.App.D.C. at 32 ,299 F.2d at 116 .
The Board reopened the case and, on re-examination of the record and evidenсe in the light of this court’s opinion, filed its supplemental decision and ordеr. By that decision and order the Board concluded that it was satisfied from thе evidence, assuming the need for showing knowledge of the offense at thе time of discharge, that “at the time of the discharge interview the Respondent knew of the concerted nature of [the employee’s] aсtivity.” The Board further found that there was “no cogent evidence that the аllegations were made with intent to falsify or maliciously injure the Respondent, that they were defamatory or insulting in character, or that they were manifestly destructive of discipline.” The Board concluded that, notwithstanding the inаccuracy of any allegation, the activity was protected conduct within the meaning of Section 7 of the Act. 1 Thereupon, the Board ordered petitioner to cease and desist from certain violations of the Act and to reinstate the employee with back pay, and other affirmative action.
Petition to review, set aside and reverse thе supplemental decision and order was duly filed; and the Board answerеd, and prayed enforcement.
While the matter is not free from doubt, and wе might well have reached a view contrary to that of the Board, we сannot say, having in mind the narrow scope of our review, that the record as a whole does not support the Board’s determination.
Accоrdingly, the petition for review will be denied, and the supplementary order will be enforced.
So ordered.
Notes
. 29 U.S.C. § 157 (1958) : “Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through reрresentatives of their own choosing, and to engage in other conсerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrаin from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employ-meht as authorized in section 158(a) (3) of this title.”