LABOR BOARD v. BROWN

No. 7.

380 U.S. 278 (1965)

NATIONAL LABOR RELATIONS BOARD v. BROWN ET AL., DBA BROWN FOOD STORE, ET AL.

Supreme Court of United States.

Decided March 29, 1965.


Attorney(s) appearing for the Case

Norton J. Come argued the cause for petitioner. With him on the brief were Solicitor General Cox, Arnold Ordman, Dominick L. Manoli, Gary Green and Nathan Lewin.

William L. Keller argued the cause for respondents. With him on the brief was Allen Butler.

S. G. Lippman and Tim L. Bornstein filed a brief for the Retail Clerks International Association, as amicus curiae, urging reversal.

Joseph M. McLaughlin and Frederick A. Morgan filed a brief for Food Employers Council, Inc., et al., as amici curiae, urging affirmance.


MR. JUSTICE BRENNAN delivered the opinion of the Court.

The respondents, who are members of a multiemployer bargaining group, locked out their employees in response to a whipsaw strike against another member of the group. They and the struck employer continued operations with temporary replacements. The National Labor Relations Board found that the struck employer's use of temporary replacements was lawful under Labor...

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