Legal Opinion

National Labor Relations Board v. Erie Resistor Corp.

Supreme Court of the United States

Decided May 13, 1963No. 288PublishedCited by 560 opinions

1Opinion of the CourtJustice White

Thé question before us is whether an employer commits an unfair labor practice under § 8 (a) 1 of the *222National Labor Relations Act, 61 Stat. 136, 29 U. S. C. § 158' when he extends a 20-year seniority credit to strike replacements and strikers who leave the strike and return to work. The Court of Appeals for the Third Circuit in this case joined the Ninth Circuit, Labor Board v. Potlatch Forests, Inc., 189 F. 2d 82 (and see Labor Board v. Lewin-Mathes, 285 F. 2d 329, from the Seventh Circuit), to hold that such super-seniority awards are not unlawful absent a showing of an illegal motive on…

2Cases cited41 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. National Labor Relations Board v. Jones & Laughlin Steel Corp.Supreme Court of the United States · 1937
  3. Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
  4. National Labor Relations Board v. MacKay Radio & Telegraph Co.Supreme Court of the United States · 1938
  5. Republic Aviation Corp. v. National Labor Relations BoardSupreme Court of the United States · 1945

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3Cited by560 opinions

  1. Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Construction Trades CouncilSupreme Court of the United States · 1988
  2. National Labor Relations Board v. Transportation Management Corp.Supreme Court of the United States · 1983
  3. Air Line Pilots Ass'n v. O'NeillSupreme Court of the United States · 1991
  4. Hudgens v. National Labor Relations BoardSupreme Court of the United States · 1976
  5. National Labor Relations Board v. BrownSupreme Court of the United States · 1965

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