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National Labor Relations Board v. Mackay Radio & Telegraph Co.

304 U.S. 333 (U.S. 1938)

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National Labor Relations Board v. Mackay Radio & Telegraph Co.

United States Supreme Court

304 U.S. 333 (U.S. 1938)

Facts

Workers in the San Francisco office of Mackay Radio & Telegraph Co. (defendant) went on strike over a collective-bargaining agreement in negotiations between the company and the union. To maintain service, the company brought in workers from other locations, promising them permanent opportunities in San Francisco if they decided to stay after the strike. The strike proved unsuccessful in other parts of the country and lasted only three days in San Francisco, and strikers worried about returning before the company filled their positions. The company told strikers they could not displace transferred workers who stayed and distributed a list of 11 whose positions had been filled. Five of the 11 transferees decided to stay, so the company allowed six strikers on the list to return, but not the five who had played the most active roles in the union and the strike. The union filed unfair-labor-practice charges, claiming the company discriminated against workers based on their union activities, and the National Labor Relations Board (NLRB) (plaintiff) ordered the company to reinstate them with backpay. But the appellate court set aside and refused to enforce the NLRB order. The Supreme Court granted review.

Rule of Law

Issue

Holding and Reasoning (Roberts, J.)

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