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NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), is a United States labor law case of the Supreme Court of the United States which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). [1]
In National Labor Relations Board v. Mackay Radio and Telegraph Company, 304 U.S. 333 (1938), the Supreme Court held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the ...
Following an unsuccessful strike in 1935, Mackay retained some of the strike-breaking workers, which the National Labor Relations Board protested was an unfair labor practice. In 1938 the dispute was reviewed by the U.S. Supreme Court, which ruled in favor of the company. [7]
Arriving at a time when organized labor had nearly lost faith in Roosevelt, the Wagner Act required employers to acknowledge labor unions that were favored by a majority of their work forces. The Act established the National Labor Relations Board (NLRB), with oversight over union elections and unfair labor practices by employers. [142]
Mackay Radio & Telegraph Co., 304 U.S. 333 (1938) that an employer may not discriminate on the basis of union activity in reinstating employees at the end of a strike. The ruling effectively encourages employers to hire strikebreakers so that the union loses majority support in the workplace when the strike ends. [ 18 ]
The cases are NLRB v Starbucks Corp, 3rd U.S. Circuit Court of Appeals, No. 23-1953; and Starbucks Corp v NLRB in the same court, No. 23-2241. (Reporting by Jonathan Stempel in New York; Editing ...
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Under federal law, workers cannot be fired for going on strike, and threatening to do so is illegal under the National Labor Relations Act, the UAW said in a statement.