United States Seventh Circuit

In an action alleging that an employer violated the National Labor Relations Act by refusing to reinstate economic strikers following the petitioner-union's unconditional offer to return to work, petition for review of NLRB ruling in favor of employer's decision to retain the replacement workers it had hired is denied where: 1) an employer may avail itself of permanent replacement employees without offering those employees a binding contract actionable under state law; and 2) substantial evidence supported the NLRB's conclusion that employer had a mutual understanding of permanence with the replacement employees.

Appellate Information

• Argued 05/30/2008
• Decided 09/15/2008
• Published 09/15/2008

Judges

• RIPPLE, Circuit Judge., Before BAUER, RIPPLE and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Richard J. Brean (argued), United Steelworkers of America, Assistant General Counsel, Pittsburgh, PA, for Petitioner., James B. Coppess, Washington, DC, for Amicus Curiae.


• For Appellees:
  
• Ronald K. Hooks, National Labor Relations Board, Memphis, TN, David A. Fleischer (argued), Linda J. Dreeben, National Labor Relations Board, Office of the General Counsel, Washington, DC, for Respondent.