 | 1995 - 1414 pages
...supplying places left vacant by strikers. And he is not bound to discharge those hired to fill the place of strikers, upon the election of the latter to resume...order to create places for them. NLRB v. Mackay Radio & Telegraph Co., 304 US 333, 345-346 (1938). (Note that the Court's citation of Section 13 does not... | |
 | Julius G. Getman - 1999 - 290 pages
...333 (1938), a case decided shortly after passage of the NLRA. The Court stated that "an employer ... is not bound to discharge those hired to fill the...election of the latter to resume their employment." io. The "not broke" comment was a response to James Melican's testimony, in which he argued against... | |
 | Kerry E. Notestine, American Bar Association. Tort and Insurance Practice Section - 2000 - 804 pages
...supplying places left vacant by strikers. And he is not bound to discharge those hired to fill the place of strikers, upon the election of the latter to resume...their employment, in order to create places for them." Mackay, 304 US at 345. There are, however, significant limitations on the right of employers to permanently... | |
 | Eric N. Waltenburg - 2002 - 160 pages
...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...election of the latter to resume their employment" (NLRB v. Mackay Radio and Telegraph Co. 304 US 333, 345^6 [1938]). 3. Unions organized letter writing... | |
 | Richard A. Brisbin Jr., Richard A.. Brisbin - 2002 - 376 pages
...vacant by strikers. And, the employer is not bound to discharge those hired to fill the place of the strikers upon the election of the latter to resume...places for them" (NLRB v. Mackay Radio and Telegraph 1938, 345-46). Since 1938, Roberts's Mackay Radio dictum has evolved into a doctrine that allows employers... | |
 | Josiah Bartlett Lambert - 2005 - 276 pages
...places left vacant by strikers. And he is not bound to discharge those hired to fill the places of the strikers, upon the election of the latter to resume their employment in order to create places for them."21 The fairness of employing permanent striker replacements was not an issue in the case; indeed,... | |
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