Job vacancy

“ Persons formerly employed by a state agency have no special entitlement to
resume their employment. All employment decisions will be based on the needs
of the agency. Prior employment with the agency may be a factor in deciding to
rehire a former employee to fill a vacancy. ”

“ From the beginning the Board has recognized that a worker who has obtained equivalent employment is in a different position from one who has lost his job as well as his wages through an employer's unfair labor practice. In early decisions, the Board did not order reinstatement of workers who had secured such equivalent employment. ”

“ Neither law nor logic deems the free market system a suspect enterprise. Economic reality is that the value of a particular job to an employer is but one factor influencing the rate of compensation for that job. ”

“ The more you thin out your woodland, the taller and stouter will be your timber. The only hope for this people is a scarcity of laborers. There are so many who must have work, or die, that every vacancy has a dozen ready applicants. ”

“ The Court seizes on ambiguous materials to impute to Congress approval of that philosophy. I would resolve the ambiguity in favor of the employees. I would read the proviso as meaning that nothing less than four-year employment protection to every employee would satisfy the Act, though not necessarily a four-year protection in his old job. In a realistic sense a man without a job is 'in a worse position with respect to' his 'employment,' though he receives some compensation for doing nothing. Many men, at least, are not drones; and their continued activity is life itself. ”

“ And if no work is to be had, I shall arrange that every indigent person that is honest and industrious shall be given employment by the Federal, State, County or Municipal Government as the case may be. Furthermore, it shall in the future be unlawful for any employer of labor to require more than eight hours work a day, and then only for six days a week. Conditions as are now found in the great manufacturing centers where employés are worked twelve hours a day, seven days in the week, and receive wages inadequate for even an eight hour day shall be no longer possible. ”

“ The last job left the Chicago yard three weeks before closing. The examiner found that at the time of closing, Ship Building had 'men working on maintenance in the yards, with no work on hand, none anticipated, and customers refusing to send work in.' Only those workers for whom there was no work were laid off and no new jobs were taken on. The examiner noted that the employer was not unaware of the union's negotiating strategy and of the possible effect of a closing on this strategy. ”

“ Hence, when in one industrial centre the governing workers should seek better terms, similar demands from fellow laborers, as able to enforce them, would be heard elsewhere.
The employer of our typical city, even now often unable to find outside the unions the unemployed labor he must have, would then, should he attempt it, to a certainty fail. The thrifty wage-working householder, today a tenant fearful of loss of work, could then strike and stay out. ”

“ We recognized in Spaulding that employers may be constrained by market forces to set salaries under prevailing wage rates for different job classifications, 740 F.2d at 708. We find nothing in the language of Title VII or its legislative history to indicate Congress intended to abrogate fundamental economic principles such as the laws of supply and demand or to prevent employers from competing in the labor market. ”

“ A striking worker remains an 'employee' at least as long as his job remains unfilled and he has not found other equivalent work. [9] Consequently, as the Court of Appeals stated in this case, 'If their jobs had not been filled or eliminated due to a decrease in production, the strikers were entitled to be treated as employees and to be given preference over other job applicants.' 366 F.2d at 128. ”

“ He must risk union disfavor by dividing his efforts between a labor dispute and a search for a new job. He must realize, alth ugh his natural suppositions are otherwise, that he will probably not endanger seniority rights or chance of reinstatement by accepting other employment. He must be able to decide when he has made sufficient efforts to secure other employment notwithstanding that he is not told whether he can or must accept any job no matter where it is or what type of employment, wages, hours, or working conditions. ”

“ The act, it will be observed, provides that every employer (whether corporation, partnership, or individual) who employs more than five workers at any one time, 'regardless of kind or class of work, or sex of workers,' shall employ 'not less than 80 per cent qualified electors or native-born citizens of the United States or some subdivision thereof.' It thus covers the entire field of industry with the exception of enterprises that are relatively very small. Its application in the present case is to employment in a restaurant the business of which requires nine employees. ”

“ The employee who has failed leaves, is dismissed, or is transferred to another department, and a new and equally inexperienced worker employed to fill the vacancy, with the whole cost of training to be incurred over again. Even though the new worker may be 5experienced in the particular class of work to be done, there is an appreciable loss due to the unavoidable frictions and hesitations that occur whenever a worker is being fitted into a new environment. ”

“ He may, however, at any time, whether before or after attaining the maximum salary of one class, be promoted to a higher on the occurrence of a vacancy, if he is considered deserving of such promotion, and he will immediately thereupon begin to receive the minimum salary of the higher class, and to advance therefrom by annual increments, without reference to the amount he was previously receiving. ”

“ Investigations show, however, that instead of relieving unemployment and reducing irregularity, these employment agencies actually serve to congest the labor market and to increase idleness and irregularity of employment. They are interested primarily in the fees they can earn, and if they can earn more by bringing workers to an already overcrowded city, they do so. Again, it is an almost universal custom among private employment agents to fill vacancies by putting in them people who are working at other places. ”

“ In analyzing the status of the bargaining lockout under §§ 8 (a) (1) and (3) of the National Labor Relations Act, it is important that the practice with which we are here concerned be distinguished from other forms of temporary separation from employment. No one would deny that an employer is free to shut down his enterprise temporarily for reasons of renovation or lack of profitable work unrelated to his collective bargaining situation. ”

“ Rather, appellants' sole contention is that no compensation plan is adequate unless it is based on the premise that all the employees currently on the payroll remain in the surviving railroad's employ for at least the length of their previous employment up to four years. Appellants do not say that every employee must remain in his present job, but they do insist that some job must remain open for each one. ”

“ For illustration, factory workers are customarily employed at will, without obligation of employer or employed to continue the relationship when the day's work is done; or, if there is an agreement fixing salary or wages per unit of service, at so much per day, week or month, there may be an indefinite employment terminable by either party at the end of any unit period. ”

“ Foremen are selected from the working force or, in a few cases, trained especially for their positions. Although there are few opportunities each year for advancement to foremanship, employers declare they cannot get enough persons of ability to fill vacancies. A study of the previous experience of foremen and forewomen made by the survey shows that they come from nearly every department of the factory. ”

“ Thus, it had been held that the term 'the employees of any employer' limited the application of the statute to those within the statutory definitions of 'employees' and 'employer.' Section 2 (2) of the National Labor Relations Act defines 'employer' to exclude the federal and state governments and their agencies or subdivisions, nonprofit hospitals, and employers subject to the Railway Labor Act. 29 U.S.C. § 152 (2) . The definition of 'employee' in § 2 (3) excludes agricultural laborers, supervisors, and employees of an employer subject to the Railway Labor Act. ”

“ While the Wage-Hour Act covers employees engaged in the production of goods for commerce, a maintenance employee working for a building corporation which furnishes loft space to tenants can hardly be so engaged unless an adequate proportion of the tenants of that building are so engaged. ”

“ It thus gains all the percentages in this scheme, because a number of men who work the first or second year do not remain long enough in the employ of this company to be entitled to the wages that are paid to the men who have served their third year. These first and second year men who resign to accept better positions on other roads, enter other occupations in life, or are crippled, killed, or discharged by the company, are replaced by other first and second year men, and the company is thus enabled to keep a large percentage of employes at greatly reduced rates of wages. ”

“ The situation would resemble that in the West twenty years ago, when open land made the laborer his own master and wages double what they are now. Wages, then, would perforce be moved upward, and hours be shortened, and a long step be made toward that state of things in which two employers offer work to one employé. And, legal and social forces no longer irresistibly opposed to the wage-workers, thenceforth wages would advance. At every stage they would tend to the maximum possible under the improved conditions. ”

“ As ancillary to any scheme for provision against unemployment, there must be some effective organization in existence whose duty it is to endeavour to ascertain where there are any vacancies for workmen in which men who are unemployed can be started. ”

“ In order to maintain parity where the struck employer hires replacements, the nonstruck employers must also be free to hire replacements, lest the right to lock out to protect the unit be illusory. And they need not offer these jobs to the locked-out employees desiring to work, lest the parity between the struck and nonstruck employers be lost and the right to lock out be meaningless. ”

“ The railway company from which he had seceded refused to take him back, and other companies, edified by the reports of his speeches in The Switch Light, The Danger Signal, and other publications avowedly devoted to the interest of the down-trodden operatives of the railway and manufacturing companies, thought that in a winter when many poor fellows were out of work through no fault of their own, beyond having exercised the right of suffrage the wrong way, the few vacancies should be given to men more likely to render faithful service. ”

“ In their effort to reach an agreement here both the union and the company treated the company's ability to pay increased wages as highly relevant. The ability of an employer to increase wages without injury to his business is a commonly considered factor in wage negotiations. [4] Claims for increased wages have sometimes been abandoned because of an employer's unsatisfactory business condition; employees have even voted to accept wage decreases because of such conditions. ”

“ The foreman stevedore then selects from the 'shape' such men as he desires to hire, to work until 'knocked off', that is, told to quit. The selection of a man from the shape carries with it no obligation on the part of the employer concerning any specified length of employment, except for work requirements of the Collective Agreement relating to minimum hours under specified conditions. ”

“ Dissatisfaction with the job, or with living and transportation conditions, and the search for better pay have been cited as the main reasons for the turnover. Progressively severe measures have been introduced to enforce stricter labor discipline, but their effectiveness has been weakened by lax application. One of these measures concerning movement of labor gave workers the right to quit their jobs freely but stipulated that any worker seeking reemployment had to do so through district labor bureaus set up for that purpose. ”

“ And no element in the whole policy of wage settlement should stand in the way of the payment of a higher wage than that fixed by the central authority for any type of work. 225 Thus no fear would have to be entertained that any industry would be faced with a shortage of labor due to the difficulty of getting precise knowledge on which to base wage differentials. ”

“ Maintaining operations during a labor dispute is at least equally as important an interest as achieving a bargaining victory, see National Labor Relations Board v. Mackay Radio & Telegraph Co., 304 U.S. 333, 58 S.Ct. 904, 82 L.Ed. 1381, and a shutdown during or before negotiations advances an employer's bargaining position as much as a lockout after impasse. And the hiring of replacements is wholly consistent with the employer's intent 'to resist the demands made of it in the negotiations and to secure modification of these demands.' Ante, at p. ”

“ As a working hypothesis the Wage-Hour Administration assumes that when as much as twenty per cent of a building is occupied by firms substantially engaged in production for commerce, then it is likely that maintenance employees will be covered. ”