Did the Supreme Court find that the Board was justified in concluding that Mr. Santillo would not have been discharged had the employer not considered his efforts to establish a union?
Yes. The Court reached this conclusion based on the record before it, including:
(a) The two types of infractions involved were commonplace, and no discipline concerning violation of these rules had been issued to any employee prior to Santillo,
(b) No prior warnings were issued in accordance with the company's progressive discipline practice, and
(c) The antiunion animus of supervisor Patterson.
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