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AMERICAN MACHINERY CORPORATION v. N. L. R. B.

No. 27283.

424 F.2d 1321 (1970)

AMERICAN MACHINERY CORPORATION, Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner.

United States Court of Appeals, Fifth Circuit.

April 15, 1970.

Attorney(s) appearing for the Case

Norman F. Burke, Orlando, Fla., for petitioner.

Marcel Mallet-Prevost, Asst. General Counsel, N. L. R. B., Washington, D. C., Harold A. Boire, Regional Director, N. L. R. B., Region 12, Tampa, Fla., Eugene B. Granof, Atty., N. L. R. B., Washington, D. C., for respondent.

George C. Longshore, Birmingham, Ala., Bernard Kleiman, Gen. Counsel, Pittsburgh, Pa., Bredhoff & Gottesman, George H. Cohen, Washington, D. C., for intervenor United Steelworkers of America, AFL-CIO.

Before TUTTLE, WISDOM and BELL, Circuit Judges.

WISDOM, Circuit Judge:

This case presents the question whether an employer must reinstate permanently replaced economic strikers when positions become vacant as a result of the departure of their replacements. We hold that the National Labor Relations Board properly exercised its statutory authority in concluding that reinstatement is necessary to protect the right of employees to engage in concerted activities. Furthermore, we find that the circumstances of this...

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