NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938)
The case of NLRB v. Mackay Radio & Telegraph Co.
Can an employer hire permanent replacement workers to continue its operations during an economic strike without engaging in an unfair labor practice under the National Labor Relations Act?
Under the National Labor Relations Act, employers are permitted to hire replacement workers during an economic strike; however, they may not undertake actions that discriminate against union activities or improperly refuse reinstatement to striking employees without legal justification.
The Supreme Court held that while an employer may hire permanent replacement workers during an economic strike, it cannot discriminate against union activities by refusing to reinstate striking workers post-strike if its actions are motivated by anti-union bias.
NLRB v. Mackay Radio & Telegraph Co. is significant for its articulation of the lawful actions employers may take during an economic strike and the limitations imposed to protect workers' rights to organize and engage in collective bargaining. This case is foundational for labor law students, highlighting the balance between employment management and employee rights under federal law.