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by throwaway17_17
2236 days ago
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Your statement that ‘Laws prevent businesses from hiring new workers to break a strike’ is not legally correct. The Mackay Doctrine (from the US Supreme Court in NLRB V Mackay) explicitly formulates the right of employers to hire replacement workers. There are some requirements on this action by employers but just wanted to get the legal facts out there. |
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> Mackay Radio has been called "the worst contribution that the U.S. Supreme Court has made to the current shape of labor law in this country."
> Nearly every criticism of Mackay Radio is aimed at the Court's "duplicitous distinction" between firing and permanently replacing striking workers.
Interesting, too, that the decision apparently contracts the laws it was interpreting. This is a grim section to read[0]. Reading this, it seems like the case was approached with a predetermined result in mind, and apparently 2 of the justices declined to participate.
[0]: https://en.m.wikipedia.org/wiki/NLRB_v._Mackay_Radio_%26_Tel...