397 U.S. 920 (1970) Cited 200 times 5 Legal Analyses
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
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
Holding that an employer may overcome an unfair labor practice charge if it can show that the employee would have been discharged in the absence of union activity