(DOWNLOAD) "Kurz-Kasch Inc. v. National Labor Relations Board" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Kurz-Kasch Inc. v. National Labor Relations Board
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 13, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
MERRITT, Circuit Judge. Kurz-Kasch, Inc., the employer, appeals from the finding of an administrative law judge, upheld by the National Labor Relations Board, that it had failed to reinstate ""economic"" strikers (as distinguished from ""unfair-labor-practice"" strikers) in violation of sections 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1), (3). The N.L.R.B. cross-appeals for enforcement of its order. This dispute raises a narrow question under the Act: when do job ""vacancies"" arise after a strike to trigger the employer's legal duty to reinstate economic strikers? Because we conclude that the Board and the ALJ did not properly consider the employer's evidence that no ""vacancies"" existed, we decline enforcement and remand for reconsideration.