Supreme Court of the United States
National Labor Relations Board v. Fleetwood Trailer Co., Inc.
December 18, 1967389 U.S. 375
Summary
The Court held that economic strikers who remain employees and whose jobs become available are entitled to reinstatement preference, even if no jobs existed when they first applied after the strike. An employer may defeat that right only by showing legitimate and substantial business justifications, which were not shown here because the employer later filled the strikers' jobs with new hires. Justice Harlan, joined by Justice Stewart, concurred in the result on the narrower ground that the strikers remained statutory employees and that questions of motivation and business justification were unnecessary.
Holding
- Whether striking employees' right to reinstatement is determined solely by job availability on the date they first apply for reinstatement after a strike.. A striker's right to reinstatement does not expire or become fixed based on the absence of an available job when the striker first applies. If a qualified job later becomes available, the striker is entitled to an offer of reinstatement so long as the striker remains an employee and has not obtained other regular and substantially equivalent employment.
- Whether an employer commits an unfair labor practice by hiring new employees for jobs qualified strikers seek, absent legitimate and substantial business justifications, even without proof of antiunion motivation.. An employer's refusal to reinstate economic strikers is an unfair labor practice when the employer cannot establish legitimate and substantial business justifications. Proof of antiunion motivation is unnecessary where the conduct adversely affects employee rights and the employer fails to establish legitimate objectives.
Docket 49
Cited authorities
- 61 Stat. 140
- 29 U.S.C. §§ 158
- 61 Stat. 137
- 29 U.S.C. § 152
- 61 Stat. 140
- 29 U.S.C. §§ 157
- 29 U.S.C. §§ 158
- 29 U.S.C. § 152
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- Texas Instruments Incorporated, Petitioner v. National Labor Relations Board, Respondent
- National Labor Relations Board, and Teamsters Local Union No. 25, International Brotherhood of Teamsters…
- National Labor Relations Board, and Teamsters Local Union No. 25, International Brotherhood of Teamsters…
- Hooks v. Hood River Distillers, Inc.
- Ingham County v. Capitol City Lodge No 141 of the Fraternal Order of Police, Labor Program, Inc.