United States Supreme Court Cases & Opinions

U.S. Supreme Court

Labor Board v. Erie Resistor Corp., 373 U.S. 221 (1963)

National labor Relations Board v. Erie Resistor Corp.

No. 288

Argued February 18-19, 1963

Decided May 13, 1963

373 U.S. 221

Syllabus

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.