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BELKNAP, INC. v. HALE

No. 81-1966.

463 U.S. 491 (1983)

103 S.Ct. 3172

77 L.Ed.2d 798

BELKNAP, INC. v. HALE ET AL.

Supreme Court of United States.

Decided June 30, 1983

Attorney(s) appearing for the Case

Larry E. Forrester argued the cause and filed a brief for petitioner.

Samuel A. Alito, Jr., argued the cause for the National Labor Relations Board as amicus curiae urging reversal. On the brief were Solicitor General Lee, Robert E. Allen, Norton J. Come, and Linda Sher.

Cecil Davenport argued the cause for respondents. With him on the brief was Hollis Searcy.*

JUSTICE WHITE delivered the opinion of the Court.

The federal labor relations laws recognize both economic strikes and strikes to protest unfair labor practices. Where employees have engaged in an economic strike, the employer may hire permanent replacements whom it need not discharge even if the strikers offer to return to work unconditionally. If the work stoppage is an unfair labor practice strike, the employer must discharge any replacements in order to accommodate...

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