NLRB v Erie Resistor Corp
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''NLRB v Erie Resistor Corp'

(1963) is a
US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...
case, concerning the
right to organize Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline memb ...
.


Facts

Employees who crossed a picket line to work were given 20 years of extra seniority by Erie Resistor Corp. The
National Labor Relations Board The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Na ...
found this constituted an
unfair labor practice An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator Ro ...
. The corporation appealed.


Judgment

The policy gave non-striking employees an advantage in terms of job security and promotions over the striking employees, even after the strike was over. The striking employees argued that this policy was discriminatory and violated their rights under the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) agreed with the striking employees and found that Erie Resistor had violated Section 8(a)(3) of the NLRA. Erie Resistor appealed the decision to the Court of Appeals, which ruled in favor of the company and held that the policy served a legitimate business purpose. However, the Supreme Court of the United States disagreed with the Court of Appeals and held that Erie Resistor's policy of super-seniority was indeed an unfair labor practice. The Supreme Court noted that a legitimate business purpose is not always a defense to an unfair labor practice charge and that the policy was discriminatory by its very nature, as it treated striking employees differently than non-striking employees. The Supreme Court went on to state that the policy had a destructive impact on the strike and union activity, making it a clear violation of the NLRA. The court upheld the NLRB's determination that Erie Resistor had violated Section 8(a)(3) of the NLRA.


See also

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US labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...


Notes

{{Improve categories, date=June 2023 1963 in United States case law National Labor Relations Board litigation