Legal Opinion
Inter-Collegiate Press, Graphic Arts Division v. National Labor Relations Board
Court of Appeals for the Eighth Circuit
Decided October 25, 1973No. Nos. 72-1573, 72-1749PublishedCited by 1 opinion
1Opinion of the Court
GIBSON, Circuit Judge.
Does the use of temporary replacements during a bargaining lockout constitute a violation of §§ 8(a)(1) or 8(a)(3) of the National Labor Relations Act, 29 U.S.C. § 151 et seq.?1
The contending parties2 are sharply divided on this issue. The Union has contended throughout these proceedings for a per se rule forbidding the hiring of temporary replacements during an otherwise lawful lockout, the Company has viewed the practice as a legitimate economic weapon countering the union’s right to strike, and a divided Board (3-2) shunned the per se approach in favor of an approach…
2Cases cited15 opinions
- Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
- National Labor Relations Board v. BrownSupreme Court of the United States · 1965
- Radio Officers' Union of the Commercial Telegraphers Union v. National Labor Relations BoardSupreme Court of the United States · 1954
- National Labor Relations Board v. Erie Resistor Corp.Supreme Court of the United States · 1963
- American Ship Building Co. v. National Labor Relations BoardSupreme Court of the United States · 1965
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