Book: Labor And Employment Law: Text and Cases By David P.Twomey [5th edition]
Chapter 7 : LEGALITY OF STRIKES
Question 7. Vincent Venditto and Todd Needham were hired as machine operators for Waveline, Inc., of Fairfield, New Jersey. Venditto and Needham commenced their employment under the customary 60-day probationary period at Waveline. After the expiration of 60 days, Waveline would decide whether to retain new employees or let them go. After Needham and Venditto had worked only 26 days, the newly certified Clothing and Textile Workers Union called a strike pending negotiation of a collective bargaining agreement with Waveline.
Venditto and Needham went along with the two-month strike and were eager to return to their jobs when a collective bargaining agreement was signed ending the strike. When Venditto and Needham unconditionally offered to return to work with the other workers, they were told that they had been terminated. Although Waveline had always allowed probationary employees to complete the 60-day trial period, the company had terminated Venditto and Needham after only 26 days of work, thus depriving them of poststrike reinstatement.
The union charged that Waveline had violated the Act by, in effect, discharging two employees engaged in a lawful economic strike. Waveline defended its action as the mere execution of its probationary prerogative.
May Waveline lawfully terminate Venditto and Needham? Decide. [Waveline, Inc., 258 NLRB No. 87, 108 LRRM 1139]