June 1950
Labor Law Journal;Jun50, Vol. 1 Issue 9, p736
Academic Journal
This article reports that one of the most controversial features of the Taft-Hartley-amended U.S. National Labor Relations Board (NLRA) is that provision in Section 8 (d) which forbids strikes or lockouts for contract-modification or contract-termination purposes until sixty days after the party desiring the change has given the other party notice of its desire, or until the expiration date of the contract. Interpreting that provision, the NLRB held that a strike is prohibited only during the sixty-day period after notice is given, even if the strike is called many months before the contract is due to expire. An international union and six of its locals were exonerated of refusal-to-bargain charges because their strike, called more than a year before the expiration date of the contract, occurred more than sixty days after the notice of the proposed contract changes. An NLRB trial examiner interpreted another aspect of the sixty-day notice requirement. He held that a union which struck on the sixtieth day after giving notice, instead of waiting until after the sixtieth day, forfeited its status as the exclusive bargaining representative of the employees in the unit.


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