...statute, has lost the right to protect and continue his business by supplying places left vacant by strikers, upon the election of the latter to resume...their employment, In order to create places for them." The most recent reiteration of this old rule is to be found in the Time Publishing case, 72 NLR I?....

...STRIKERS AS VOTERS The Supreme Court held as early as 1938 under the Wagner Act that an employer has "the right to protect and continue his business by...election of the latter to resume their employment. The assurance by (the employer) to those who accepted employment during the strike that if they so...

...Supreme Court in Labor Board v. Mackay Co., supra at 345-346, when it said : * * • (The employer] Is not bound to discharge those hired to fill the...their employment, in order to create places for them. The assurance by respondent to those who accepted employment during the strike that if they so desired...

...with others in an effort to carry on the business." 122 Moreover, the Court remarked that the employer "is not bound to discharge those hired to fill the...their employment, in order to create places for them." 12 - 1 These seemingly casual dicta 124 about the legality of the '"• NI.KA « 7. jo USC $ 15; (1081)....

...with others in an effort to carry on the business. "ti2 Moreover, the Court remarked that the employer "is not bound to discharge those hired to fill the...resume their employment, in order to create places for them."1" These seemingly casual dicta174 about the legality of the '•• NI.KA » ;. !•) USC J...

...this area of employment law, the Court noted: The Honorable William L. Clay July 27, 1988 Page 3 [I)t does not follow that an employer, guilty of no act...NLRB V. Mackay Radio and Telegraph Co., 304 US 333, 344-46 ( 1938) . The Mackay doctrine, consistently reaffirmed by the courts and Board over the years,...

...what remains the lead case in this area of employment law, the Court noted: July 27, 1988 Page 3 [ijt does not follow that an employer, guilty of no act...employment, in order to create places for them. NLRB y. Mackay Radio and Telegraph Co., 304 US 333, 344-46 (1938). The Mackay doctrine, consistently reaffirmed...

...labor practice. In what remains the lead case in this area of employment law, the Court noted: 185 [IJt does not follow that an employer, guilty of no act...and Telegraph Co., 304 US 333, 345-46 (1938). The Mackay doctrine, consistently reaffirmed by the courts and NLRB over the years, holds that while discriminating...

...shall be construed so as to interfere with or impede or diminish in any way the right to strike, ' it does not follow that an employer, guilty of no act...their employment in order to create places for them. The assurance by respondent to those who -accepted employment during the strike that if they so desired...

...of the NLRA, the Supreme Court announced in NLRB v Mackay Radio & Telegraph Co. that an employer has "the right to protect and continue his business by...fill the places of strikers, upon the election of the later to resume their employment in order to create places for them. " Since this brief discussion,...