Byron White, National Labor Relations Board v…
“ The Court's justification for this invasion of employee rights by a member of a multiemployer unit is the employer's right to burden the union strike fund with all its members to bring economic pressure to bear on the union. ”
Byron White, National Labor Relations Board v…
“ Three, the disparity between the struck employer who resumes operations and the nonstruck employers who choose to lock out to maintain a united front is caused by the unilateral action of one of the employer members of the unit and not by the union's whipsawing tactic. The integrity of the multiemployer unit may be important, but surely that consideration cannot justify employer tandem action destructive of concerted activity. ”
Byron White, National Labor Relations Board v…
“ Conflict may arise, for example, between the right to strike and the interest of small employers in preserving multi-employer bargaining * * *. The ultimate problem is the balancing of the conflicting legitimate interests. The function of striking that balance to effectuate national labor policy is often a difficult and delicate responsibility, which the Congress committed primarily to the National Labor Relations Board, subject to limited judicial review.' Buffalo Linen, 353 U.S. 87, 96, 77 S.Ct. ”
