Labor Board v. Erie Resistor Corp.Annotate this Case
373 U.S. 221 (1963)
U.S. Supreme Court
Labor Board v. Erie Resistor Corp., 373 U.S. 221 (1963)
National labor Relations Board v. Erie Resistor Corp.
Argued February 18-19, 1963
Decided May 13, 1963
373 U.S. 221
Even in the absence of a finding of specific illegal intent, and notwithstanding the employer's claim that his action was necessary to continue his operations during a strike, the National Labor Relations Board was justified in finding that it was a violation of § 8(a) of the National Labor Relations Act for the employer to discriminate between employees who struck and employees who worked during a strike by awarding an additional seniority credit of 20 years to replacements for strikers, and also to strikers who returned to work during the strike, so that, in a subsequent layoff, strikers who did not return to work until after the strike terminated were laid off as junior employees. Labor Board v. Mackay Radio & Tel. Co.,304 U. S. 333 distinguished. Pp. 373 U. S. 221-237.
303 F.2d 359, reversed and cause remanded.