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" ... it does not follow that an employer, guilty of no act denounced by the statute, has lost the right to protect and continue his business by supplying places left vacant by strikers. And he is not bound to discharge those hired to fill the places of... "
Preventing Replacement of Economic Strikers: Hearing Before the Subcommittee ... - Page 184
by United States. Congress. Senate. Committee on Labor and Human Resources. Subcommittee on Labor - 1990 - 308 pages
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Prohibiting Permanent Replacement of Striking Workers: Hearing Before the ...

United States. Congress. House. Committee on Public Works and Transportation. Subcommittee on Aviation - 1991 - 217 pages
...replace. ...striking employees with others in an effort to carry on the business.. ..and [the employer] is not bound to discharge those hired to fill the...their employment, in order to create places for them. The assurance by [an employer] to those who have accepted employment during the strike that if they...
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Prohibiting Discrimination Against Economic Strikers: Hearing ..., Volume 4

United States. Congress. Senate. Committee on Labor and Human Resources. Subcommittee on Labor - 1993 - 122 pages
...shall be construed so as to interfere with or impede or diminish in any Vay the right to strike," it does not follow that an employer, guilty of no act...their employment, in order to create places for them. Economic weaponry, and risk, are critical elements of our national labor policy — the right of workers...
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Congressional Serial Set, Issue 14161

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...
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The Betrayal of Local 14

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...
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Executive Orders: Hearing Before the Subcommittee on Legislative and Budget ...

United States. Congress. House. Committee on Rules. Subcommittee on Legislative and Budget Process - 2000 - 176 pages
...decision interpreting the National Labor Relations Act (NLRA). The Court had held that an employer enjoyed the right "to protect and continue his business by...resume their employment, in order to create places for them."5 In 1990, 1991, 1992, and 1994, Congress had considered and rejected legislation that would...
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Executive Orders: Hearing Before the Subcommittee on Legislative and Budget ...

United States. Congress. House. Committee on Rules. Subcommittee on Legislative and Budget Process - 2000 - 168 pages
...interpreting the National Labor Relations Act (NLRA). The Court had held that an employer enjoyed the nght "to protect and continue his business by supplying...resume their employment, in order to create places for them."5 In 1990, 1991, 1992, and 1994, Congress had considered and rejected legislation that would...
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Fundamentals of Employment Law

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...
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Choosing Where to Fight: Organized Labor and the Modern Regulatory State ...

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...
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A Strike Like No Other Strike: Law and Resistance During the Pittston Coal ...

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...
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"If the Workers Took a Notion": The Right to Strike and American Political ...

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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