National Labor Relations Board v. Bingham-Willamette Company

The National Labor Relations Board petitions this court for enforcement of an order entered against Bingham-Willamette Company to reinstate three employees and to cease and desist from continuing a layoff policy that discriminates against former strikers. We grant the NLRB’s petition for enforcement.

BACKGROUND

At the end of March 1983, the labor contract between Bingham-Willamette Co. (BW) and the Metal Trades Council (the union representing BW’s employees) expired. Negotiations to renew the contract broke down in April, and the union went on strike. During the strike, BW continued operations using employees who did not support the strike or who left the picket lines. On May 24, 1983, after negotiations reached an impasse, BW unilaterally implemented its contract offer, which contained the layoff provision from the previous contract. Under this provision, employees were to be selected for layoffs solely on the basis of seniority. In June 1983, BW began hiring permanent replacement workers, who were assured that they would not be replaced as a result of any settlement with the strikers.

Contract negotiations resumed, and, after further negotiations without agreement being…