“While an employer may hire permanent replacements during the course of the strike in order to protect and continue his business, and need not discharge those permanent replacements in order to create vacancies for economic (as distinct from unfair labor practice) strikers who wish to return to work, . . . the employer’s hiring offer must include a commitment that the replacement position is permanent and not merely a temporary expedient subject to cancellation if the employer so chooses”
How later courts described this case
- “While an employer may hire permanent replacements during the course of the strike in order to protect and continue his business, and need not discharge those permanent replacements in order to create vacancies for economic (as distinct from unfair labor practice) strikers who wish to return to work, . . . the employer’s hiring offer must include a commitment that the replacement position is permanent and not merely a temporary expedient subject to cancellation if the employer so chooses”
Written by the judges who cited it.
The opinion
ORDER
On receipt and consideration of a petition for enforcement of an order of the National Labor Relations Board, reported at 212 N.L.R.B. No. 56 (1974); and
On review of the briefs and records in this proceeding and finding therein substantial evidence on the whole record to support the findings of fact of the Administrative Law Judge and the Board; and
Further noting that the legal conclusion arrived at by the Administrative Law Judge and the Board to the effect that the company’s insistence upon a penalty clause being added to an otherwise agreed upon contract represented insistence upon a nonmandatory subject where good faith bargaining had resulted in an agreement upon all mandatory subjects and was therefore unlawful; and
That said conclusion is directly supported by the Supreme Court’s opinion in NLRB v. Wooster Division of Borg-Warner Corp., 356 U.S. 342 , 78 S.Ct. 718 , 2 L.Ed.2d 823 (1958). .
Now, therefore, the petition for enforcement of the Board’s order is granted.