Source: cases/29usc158/SELECTION.md
# 29usc158: selection and source audit The ten-case sample spans 1988–2025, five appellate circuits plus a district injunction proceeding. It focuses on employer §8(a) practices. Result labels follow the General Counsel/charging party asserting an unfair labor practice, not whichever party petitioned for appellate review. - Bozzuto rejects the selected interrogation finding but enforces other findings; Novato upholds a different, contextual coercive interrogation. A mixed case outcome cannot be copied onto every issue. - In-N-Out separates the insignia restriction from the employer’s special-circumstances defense. Company-required larger buttons and absent tailoring bear on that defense; no later Board-policy prediction is made. - Erickson concerns retaliation against the workforce as a whole, not necessarily personal union activity by each discharged worker. Novato’s cover discharge of a worker with unknown union views also resists a one-person/one-element model. - Local702’s final supplemental Board decision rejects protection after highway misconduct. Earlier favorable findings and an unpreserved appellate objection are distinct from the final merits holding. - Hendrickson rejects coercion on the specific campaign context; it does not approve every “from scratch” threat. - Direct dealing, information disclosure and surface bargaining are variants of refusal to bargain. District Hospital is recorded under the parent violation rather than ambiguously calling bad-faith conduct satisfaction of a “good-faith” duty. - Watson is historical §10(j) interim relief, not a final Board merits determination; it contributes no merits instance. Its old reasonable-cause standard is not asserted as present law. The sample does not resolve every §8(a)(2)/(4), union-security, coverage or employer/union boundary. Source-era statements about judicial deference are not treated as a current-law citator. Final sample: 10 cases, 15 issue blocks, 13 qualifying instances, 50 exact quote occurrences. Final quote-set SHA-256 (filename, kind, offsets, text; sorted JSON tuples): `54396be338611146e04ebdc9c6b8d20949968174a49b82d58323577c0c0782bb`. The final wording comes directly from immutable IR slices. Fill/check completed before this fingerprint; subsequent handling preserves these quote tuples. Header source SHA-1/character pins identify the source records. Facts, relevant applications and dispositions were inspected; this is not a claim to have read every word or an opinion beyond its IR cap. | File | Date | Court | Citation role | Result | Selected issues | Quotes | | --- | --- | --- | --- | --- | --- | ---: | | f-supp-792-1459-watson.case | 1992-04-30 | United States District Court for the Northern District of Mississippi | background | mixed | refusal-to-bargain | 4 | | f2d-841-141-usps.case | 1988-03-02 | United States Court of Appeals for the Sixth Circuit | applied | claimant-won | refusal-to-bargain | 3 | | f3d-894-0707-innout.case | 2018-07-06 | United States Court of Appeals for the Fifth Circuit | applied | claimant-won | interference, special-circumstances | 6 | | f3d-916-1095-novato.case | 2019-03-05 | Court of Appeals of the District of Columbia | applied | claimant-won | employment-discrimination, same-decision, interference | 8 | | f3d-927-0672-bozzuto.case | 2019-06-24 | United States Court of Appeals for the Second Circuit | applied | mixed | interference | 5 | | f3d-929-0393-erickson.case | 2019-07-10 | United States Court of Appeals for the Sixth Circuit | applied | claimant-won | union-purpose, same-decision | 6 | | f3d-930-0509-ingredion.case | 2019-07-19 | Court of Appeals of the District of Columbia | applied | claimant-won | refusal-to-bargain | 4 | | f3d-932-0465-hendrickson.case | 2019-08-01 | United States Court of Appeals for the Sixth Circuit | applied | claimant-lost | interference | 4 | | f3d-934-0590-local702.case | 2019-08-09 | United States Court of Appeals for the Seventh Circuit | applied | claimant-lost | protected-right | 6 | | f4th-141-1279-district-hospital.case | 2025-06-27 | Court of Appeals for the D.C. Circuit | applied | claimant-won | refusal-to-bargain | 4 | ## Validation `NEOV2_CORPUS=/path/to/neochartdocroot python3 neov2/tools/casedsl.py check neov2/cases/29usc158` `NEOV2_CORPUS=/path/to/neochartdocroot python3 neov2/tools/casedsl.py variants neov2/cases/29usc158` All files are CASE DSL v1. The loader independently verifies actual corpus sources and all LAW references. No source text or existing CASE corpus was changed. Author checks establish traceability and internal consistency; independent legal QA follows.