Felix Frankfurter

“ If, however, either party neglects to give such notice and waits, let us say, until 30 days before the end of the contract to give the notice, then there is a waiting period provided during which the strike is an unlawful labor practice for 60 days from that time, or to the end of the contract and 30 days beyond that time. In that case there is a so-called waiting period during which a strike is illegal, but it is only brought about by the failure of the union itself to give the notice which the bill requires shall be given. ”

“ National Labor Relations Board, 8 Cir., 210 F.2d 325, adopted respondent's contention that 'expiration date' means termination date and that § 8 (d) (4) therefore bans all bargaining strikes throughout the life of a collective-bargaining contract. The Board majority held that 'expiration date' also comprehends 'an agreed date in the course of (the contract's) existence when the parties can effect changes in its provisions * * *' and that § 8 (d) prohibits all strikes during the life of the contract except those in support of bargaining pursuant to a reopening clause. ”

“ For example, where there is in effect a two-year contract providing for reopening after one year, the party proposing modification at reopening would not be required by § 8 (d) (1) to serve notice upon the other party until ten months after reopening had passed, and § 8 (d) (3) would not require notice to mediating agencies until eleven months after reopening. Similarly, the loss-of-status sentence, which applies to employees who strike 'within the sixty-day period specified in this subsection * * *,' would punish only employees who strike ten months following reopening. ”