Law Commons^™

"Let's Call It A Draw": Striker Replacements And The Mackay Doctrine, Rafael Gely, Leonard Bierman

Faculty Publications

In a recent article we discuss the issue of the use of permanent replacements for striking employees under the National Labor Relations Act (NLRA) Our discussion focuses on the efficiency aspects of the seminal 1938 case of NLRB v. Mackay Radio and Telegraph Co. In the article, we propose a “negotiations” approach, which we argue is likely to result in a more economically efficient interpretation of the Mackay doctrine. As has been the case with other proposals made with respect to this very contentious issue, our proposal has confronted some criticism. Professor William R. Corbett, in a recent piece in …