National Labor Relations Board, and Amalgamated Clothing and Textile Workers Union, Afl-Cio-Clc, Intervenor v. American Olean Tile Company, Inc.

LIVELY, Chief Judge.

This case concerns the reemployment rights, respectively, of employees who offer to return to work during an economic strike and those who offer to return after the strike ends. The specific question is whether an employer may continue, after the strike ends and all employees are prepared to return, to recall employees from a chronological list based on the date of an unqualified offer to return to work, when this procedure results in a preference for early offerors over some late offerors with greater plant seniority.

I

American Olean Tile Company (the employer)…