Strikers entitled for reinstatement of jobs


Case Study:

The International Ladies Garment Workers’ Union obtained 59 signed authorization cards from the 86 employees at the RobinAmerican Zipper factory in Hialeah, Florida. In late November, the union informed the president of the company, Benbast, that it wanted to be recognized as the representative for the employees. Benbast insisted upon an NLRB election, and one was scheduled for the following March. Between November and January, supervisors and managers interrogated a number of employees who had signed authorization cards and threatened some with dismissal if the union won the election. In December, the company also closed an entire department (where the employees had unanimously signed cards) without warning. In January, a union representative confronted Benbast over the layoff of two pro-union employees and charged that his actions were antiunion. In response to these developments, 50 employees went on strike in mid-February. The strikers offered to return before the election. However, they were told that they had been replaced and were no longer needed. Before the NLRB, the union insisted that the striking employees be reinstated immediately. The company maintained that the strikers were not entitled to reinstatement until a vacancy occurred among the replacements. Are the strikers entitled to the immediate reinstatement of their jobs? Decide. [NLRB v. Robin-American Corp., 108 LRRM 2229 (5th Cir.)]

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Business Law and Ethics: Strikers entitled for reinstatement of jobs
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