Legal Environment of Business 8th Edition by Henry Cheeseman

Exercise 5

Replacement Workers The union (Union) member-employees of the Erie Resistor Company (Company) struck Company over the terms of a new collective bargaining agreement that was being negotiated between Company and Union. Company continued production operations during the strike by hiring new hires and crossover union members who were persuaded to abandon the strike and come back to work. Company promised all replacement workers super seniority. This would take the form of adding twenty years to the length of a worker's actual service for the purpose of future layoffs and recalls. Many union members accepted the offer. Union filed an unfair labor practice charge with the National Labor Relations Board (NLRB). Is Company's offer of the super seniority lawful? N.L.R.B. v. Erie Resistor Co., 373 U.S. 221, 83 S.Ct. 1139, 10 L.Ed.2d 308, Web 1963 U.S. Lexis 2492 (Supreme Court of the United States)