National labor Relations Board v. Erie Resistor Corporation

PETITIONER: National Labor Relations Board
RESPONDENT: Erie Resistor Corporation
LOCATION: Clauson's Inn

DOCKET NO.: 288
DECIDED BY: Warren Court (1962-1965)
LOWER COURT: United States Court of Appeals for the Third Circuit

CITATION: 373 US 221 (1963)
ARGUED: Feb 18, 1963 / Feb 19, 1963
DECIDED: May 13, 1963

Facts of the case

Question

Media for National labor Relations Board v. Erie Resistor Corporation

Audio Transcription for Oral Argument - February 18, 1963 in National labor Relations Board v. Erie Resistor Corporation

Audio Transcription for Oral Argument - February 19, 1963 in National labor Relations Board v. Erie Resistor Corporation

Earl Warren:

--versus Erie Resistor Corporation, et al.

Mr. Come.

Norton J. Come:

May it please the Court.

I indicated at the conclusion of the argument yesterday that a bargaining meeting of May 28th, the Company had indicated to the union that the superseniority that they thought they needed would have to be in the neighborhood of 20 years.

Well, in ensuing weeks, this superseniority plan, this 20-year plan, was announced to the employees.

There was, first a letter by the Company on June 10 to all the employees and members of the union indicating that 20 years additional seniority would be given to employees who went to work during the strike.

After that announcement, the number of returning strikers drastically shot up.

Up to that point, there had only been about eight strikers who had returned.

With the June 10 announcement, the number shot up to 87, and the next week there was a further announcement and the number shot up to 125.

At that point, which is about June 25th, the union capitulated and decided that it would have to call on to strike.

A contract was entered into reserving the superseniority question for a further litigation before the Board and the courts.

Earl Warren:

Was that -- was that made open to outsiders also or just to the members of the union that were on strike?

Norton J. Come:

The superseniority was offered to outsiders as well.

It was offered to new hires, to employees who returned to work, who were in the layoff category as well as to employees who were on strike.

So it was --

William J. Brennan, Jr.:

[Inaudible]

Norton J. Come:

Yes, a 125 came back who were striking.

William J. Brennan, Jr.:

Out of how many?

Norton J. Come:

There were 478 on strike --

William J. Brennan, Jr.:

How many -- how many strikers came back before the announcement of the seniority?

Norton J. Come:

Before the announcement of the seniority, you had about eight strikers who had returned.

William J. Brennan, Jr.:

[Inaudible]

Norton J. Come:

That is correct, Your Honor.

William J. Brennan, Jr.:

[Inaudible]

Norton J. Come:

About that, yes, sir.

That would be 125.

The Company then began to recall the strikers who had not been replaced in order of seniority and built up its workforce gradually back to about 450 levels.

This was around June and July.

However, in September and May into the next year, it was necessary to layoff, and as a result, a substantial number of strikers were laid off who were reduced to junior status solely as a result of this 20-year superseniority program.

Arthur J. Goldberg:

Theres no attempt to strike in the labor contract as [Inaudible] testified, isn't that correct?