National Labor Relations Board v. Mackay Radio & Telegraph Company

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NLRB v. Mackay Radio & Telegraph Co. 304 U.S. 333 (1938) is a 7-0 decision by the United States Supreme Court which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the employer. However, the decision is much better known today for its obiter dicta in which the Court said that an employer may hire strikebreakers and is not bound to discharge any of them if or when the strike ends. Warning: template has been deprecated.

890479National Labor Relations Board v. Mackay Radio & Telegraph Company — Syllabus

Court Documents

Opinion of the Court

United States Supreme Court

304 U.S. 333

National Labor Relations Board v. Mackay Radio & Telegraph Company

Argued: April 5, 6, 1938. --- Decided: May 16, 1938

[Syllabus from pages 333-335 intentionally omitted]

Messrs. Homer S.C.ummings, Atty. Gen., and Charles Fahy, of Washington, D.C., for petitioner.

Mr. Louis W. Myers, of Los Angeles, Cal., for respondent.

Mr. Justice ROBERTS, delivered the opinion of the Court.

Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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