In National Labor Relations Board v. Reed Prince Mfg. Co., 1 Cir., 118 F.2d 874, certiorari denied 313 U.S. 595, 61 S.Ct. 1119, 85 L.Ed. 1549, it was held that an employer's insistence on a provision in a contract with a bargaining agent, that during the period of the contract or at any future time the employees and the union would not request or demand a closed shop agreement or check-off system, warranted the National Labor Relations Board in inferring that the employer was not actuated by a genuine desire to reach an accord with the bargaining representative.
In Great Southern Trucking Co. v. National Labor Relations Board, 4 Cir., 127 F.2d 180, 185, we said: "An employer may not have a mind `hermetically sealed' against the acceptance of the proper procedure of collective bargaining in good faith; nor may an employer engage in such Fabian tactics as will practically render abortive the statutory rights of the employees."
In National Labor Relations Board v. Suburban Lumber Co., 3 Cir., 121 F.2d 829 (1941), the de minimis doctrine was urged to defeat the Board's jurisdiction.
In National Labor Relations Board v. Carlisle Lumber Co., 99 F.2d 533, the Court of Appeals for the 9th Circuit, stated (p. 539): "The word 'regular'..., means substantially the same amount of work from point of time, as the employee had received from respondent.
In National Labor Relations Board v. Biles Coleman Lumber Co., 9 Cir., 98 F.2d 18, 20, it was said: "So far as concerns the enforcement of the Board's order this is a nisi prius tribunal, and the resistive respondent by its answer, rather than by brief, should raise the issue as to any allegation of the petition which is contested."