In Joy Silk the Court held that when an employer could have no doubt as to the majority status or when an employer refuses recognition of a union "due to a desire to gain time and to take action to dissipate the union's majority, the refusal is no longer justifiable and constitutes a violation of the duty to bargain set forth in section 8(a)(5) of the Act".
In NLRB v. Rockwell Mfg. Co., 271 F.2d 109 (3d Cir. 1959), after considering the Supreme Court's decision in Republic Aviation, and the effect of that Court's subsequent decisions in Babcock Wilcox and NLRB v. United Steelworkers of America, 357 U.S. 357, 78 S.Ct. 1268, 2 L.Ed.2d 1383 (1958), on Republic Aviation, this court held that the Board must consider the element of alternative means of communication before invalidating a no-distribution rule which an employer has attempted to justify.