Nat'l Labor Relations Bd. v. Fleetwood Trailer Co.

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.

Labor Board v. Mackay Co.

Holding that an employer may replace striking workers with others to carry on business so long as the employer is not guilty of unfair labor practices

SCM Corp. v. Advance Business Systems & Supply Co.

Upholding a delay of three months where only prejudice shown was that the defendants could not recall details of the days in the distant past; no special circumstances

Trans World Airlines, Inc. v. Independent Federation of Flight Attendants

Noting that, "[f]rom the time of our very first opportunity to interpret the 1934 amendments, we have viewed them as addressing primarily the precertification rights and freedoms of unorganized employees"

Brewer v. Lincoln National Life Ins. Co.

Applying a mental illness limitation in an ERISA policy to deny benefits, despite expert evidence that participant suffered from affective mood disorder caused genetically or biologically, because "laypersons are inclined to focus on the symptoms of an illness; illnesses whose primary symptoms are depression, mood swings and unusual behavior are commonly characterized as mental illnesses regardless of their cause. . . . Regardless of the cause of his disorder, it is abundantly clear that he suffered from what laypersons would consider to be a 'mental illness'"

Temengil v. Trust Territory

N.L.R.B. v. Augusta Bakery Corp.

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

Laidlaw Corporation v. N.L.R.B

Holding that while an employer is not obligated to discharge permanent replacements to make room for returning economic strikers, the employer must place the former strikers on a preferential recall list

Great Lakes Chemical Corp. v. N.L.R.B

Rejecting the same argument because "the more reasonable inference is that the [e]mployer's discriminatory design ultimately failed, not that it wasn't tried"

Aqua-Chem, Cleaver-Brooks Div. v. N.L.R.B

Observing that Laidlaw preferential hiring strikes a balance between the rights of organized workers and business "by allowing replacement workers to be kept on permanently (in order to give the replacement workers adequate incentive to take replacement jobs), but by requiring genuine vacancies in the workforce to be given, in line of seniority, to the striking workers after the strike is over."