NLRB v. Fansteel Metallurgical Corporation (1939)

Mon Feb 27, 1939

Image: Fansteel strikers picketing the plant and continuing their strike after being gassed out of the factory where they were engaging in a sit-down strike. [historyillinois.org]

On this day in 1939, the U.S. Supreme Court ruled that the National Labor Relations Board could not order an employer to re-hire workers fired for striking, even if the strike was triggered by that employer's illegal actions. The case is known as National Labor Relations Board v. Fansteel Metallurgical Corporation.

In the late 1930s, sit-down strikes had become prevalent in the auto industry and were particularly effective at winning worker demands. In a sit-down strike, workers stay by their station in the factory but refuse to work it. Factory management was usually reluctant to try and force workers out of the factory for fear of damaging expensive machinery, and often capitulated to them.

On February 17th, 1937, workers frustrated by failed attempts at getting Fansteel to recognize their union announced a sit-down strike and seized a portion of their factory. The employer won an injunction ordering the union men to vacate the premises, which they ignored, but were ultimately forced out.

The NLRB held on March 14th, 1938, that Fansteel had to reinstate 90 of the workers because the company had violated the law first (precipitating the sit-down strike). Fansteel sued the government in response and won in the Supreme Court case NLRB v. Fansteel Metallurgical Corp (1939).

• Date: 1939-02-27
• Learn More: en.wikipedia.org, repository.law.umich.edu.
• Tags: #Labor.
• Source: www.apeoplescalendar.org