Kurz-Kasch, Inc. v. National Labor Relations Board, United Electrical Radio and MacHine Workers of America, Intervenor

MERRITT, Circuit Judge.

Kurz-Kasch, Inc., the employer, appeals from the finding of an administrative law judge, upheld by the National Labor Relations Board, that it had failed to reinstate “economic” strikers (as distinguished from “unfair-labor-practice” strikers) in violation of sections 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1), (3). The N.L.R.B. cross-appeals for enforcement of its order. This dispute raises a narrow question under the Act: when do job “vacancies” arise after a strike to trigger the employer’s legal duty to reinstate economic strikers?…