Legal Opinion

Belknap, Inc. v. Hale

Supreme Court of the United States

Decided June 30, 1983No. 81-1966PublishedCited by 347 opinions

1Opinion of the CourtJustice White

The federal labor relations laws recognize both economic strikes and strikes to protest unfair labor practices. Where employees have engaged in an economic strike, the employer may hire permanent replacements whom it need not discharge even if the strikers offer to return to work unconditionally. If the work stoppage is an unfair labor practice strike, the employer must discharge any replacements in order to accommodate returning strikers. In this case we must decide whether the National Labor Relations Act (NLRA or Act) pre-empts a misrepresentation and breach-of-contract action against the…

2Cases cited23 opinions

  1. San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
  2. Abney v. United StatesSupreme Court of the United States · 1977
  3. Cox Broadcasting Corp. v. CohnSupreme Court of the United States · 1975
  4. W. R. Grace & Co. v. Local Union 759, International Union of the United Rubber, Cork, Linoleum & Plastic WorkersSupreme Court of the United States · 1983
  5. National Labor Relations Board v. Transportation Management Corp.Supreme Court of the United States · 1983

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3Cited by347 opinions

  1. Metropolitan Life Insurance v. MassachusettsSupreme Court of the United States · 1985
  2. Golden State Transit Corp. v. City of Los AngelesSupreme Court of the United States · 1989
  3. Calvin Walker v. Beaumont Indep School DistCourt of Appeals for the Fifth Circuit · 2019
  4. Donald J. Willy, and George A. Young v. The Coastal Corp., Coastal States Management Co., Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1988
  5. Retail Property Trust v. United Brotherhood of Carpenters & Joiners of AmericaCourt of Appeals for the Ninth Circuit · 2014

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