In Labor Board v. Burnup & Sims (1964) 379 U.S. 21, an employer in good faith discharged two employees whom it believed had made violent threats against the company when the employees tried to solicit union memberships. The NLRB held the employer's honest belief that good cause existed to discharge the employees did not constitute a defense. The court of appeal reaches a different result. The United States Supreme Court reinstated the NLRB decision and held section 8 (a)(1) of the NLRA is violated "if an employee is discharged for misconduct arising out of protective activity, despite the employer's good faith, when it is shown the misconduct never occurred." (379 U.S. at p. 23.) The Supreme Court justified its holding as follows: "That rule seems to us to be in conformity with the policy behind 8(a)(1). Otherwise the protected activity would lose some of its immunity, since the example of employees who are discharged on false charges would or might have a deterrent effect on other employees. Union activity often engenders strong emotions and gives rise to active rumors. A protected activity acquires a precarious status if innocent employees can be discharged while engaging in it, even though the employer acts in good faith. It is the tendency of those discharges to weaken or destroy the 8 (a)(1) right that is controlling. We are not in the realm of managerial prerogatives. Rather we are concerned with the manner of soliciting union membership over which the Board has been entrusted with powers of surveillance." ( Labor Board v. Burnup & Sims, Inc., supra, at pp. 23-24.) The Supreme Court upheld the board's finding an employer's good faith discharge of employees engaging in a protected activity was a violation of NLRA section 8(a)(1) which is analogous to section 1153, subdivision (a).