National Labor Relations Board v. Fleetwood Trailer Co., Inc. (SCOTUS 1967)

Summary

The Court held that economic strikers retain employee status and their reinstatement rights do not expire merely because no job was available when they first applied after the strike. When qualified jobs later became available and the employer hired new employees instead of reinstating the strikers, the employer committed an unfair labor practice unless it could establish legitimate and substantial business justifications. Justice Harlan, joined by Justice Stewart, concurred in the result but viewed the case as turning solely on the strikers' continuing employee status and the employer's affirmative obligation to prefer them.

Holding

Whether economic strikers' reinstatement rights expire when no jobs are available at the time of their first application.. A striker's right to reinstatement does not expire merely because no job is available 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 hiring new employees instead of reinstating qualified economic strikers was an unfair labor practice without proof of antiunion motivation.. An employer's refusal to reinstate economic strikers and its hiring of new employees for jobs the strikers could perform constitutes an unfair labor practice unless the employer proves legitimate and substantial business justifications. Proof of antiunion motivation is not required when the conduct foreseeably adversely affects protected employee rights and the employer fails to establish legitimate objectives.

Summary

Holding

Cited authorities