The employees of JBJD Manufacturing Corp.are represented by a union.All the mechanics who repair the company's equipment work day shifts,which means that if equipment breaks down in one of the other shifts,JBJD has to pay overtime or suffer lost production.JBJD proposes to the union that the mechanics be assigned rotating shifts to solve the problem,but the union refuses.JBJD then unilaterally changes the shift assignments in accordance with its proposal.The union,sensing malpractice,goes on strike,and JBJD replaces the striking mechanics.Later,the National Labor Relations Board finds that JBJD has indeed committed malpractice.If the striking mechanics make an unconditional offer to return to work,JBJD:

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If the striking mechanics make an unconditional offer to return to work, JBJD Manufacturing Corp. must reinstate the mechanics because they were unfair labor practice strikers. Since strikes correctly engaged in are perfectly legal, if an employer replaces the strikers with new employees, then once the strike is over, the strikers have a right to reinstatement if they offer an unconditional offer to return to work. If their jobs are occupied by replacement workers, then unfair labor practice strikers are entitled to be reinstated.

The Employees of JBJD Manufacturing Corp