In Fleetwood Trailer, 389 U.S. 375, 88 S.Ct. 543, the Supreme Court was required to determine whether the employer violated the Act when it hired six new employees who had not previously worked for the company instead of six former strikers who had applied for reinstatement.
Holding that the replacements were temporary because, although the replacements were told that "if they worked out and did their job, they had a job," the testimony of the replacements indicated that they did not understand themselves to be permanent employees