Nederhood v. Cadillac Malleable Iron Co.

I concur in the reasoning and result of parts i and n of the lead opinion and in the result in part iv. I write separately for two reasons.

I disagree with the conclusion of the lead opinion that, as a matter of law, the hiring of permanent replacement workers cannot serve as a withdrawal of favored work. I would hold that the hiring of permanent replacement workers may in fact and in law work to withdraw an employer’s *260offer of favored work. Therefore, I would remand for further proceedings consistent with this opinion. I disagree with reaching and disposing of an issue not properly before…