LABOR LAW - WORKERS WHO STRUCK PRIOR TO EFFECTIVE DATE OF NATIONAL LABOR RELATIONS ACT AS EMPLOYEES WITHIN THE MEANING OF ACT

Prior to the passage of the Wagner Act, respondent\u27s employees went on strike when the respondent refused to negotiate with the union. Thereupon respondent notified them they were all discharged and that the mill was closing down. Subsequent to the effective date of the act, respondent still refused to negotiate with the union and refused to hire any strikers who would not sign a yellow dog contract. The National Labor Relations Board held the refusal to negotiate and the discrimination in regard to hire to be violations of section 8 (5) and (3) respectively of the act and, inter alia, ordered reinstatement to the status of employees of all those who struck and whose positions were filled by new employees hired to take their places; that other strikers should be placed on a preferred list, to be hired when new openings should occur; and finally, that all strikers be given back pay from the date of the yellow dog notice. On application for enforcement of the order of the Board, held, one judge dissenting even though respondent\u27s employees were discharged prior to the act, they still remained employees as defined in section 2 (3) and hence the refusal to negotiate and the discrimination in regard to hire constituted violations of the statute. National Labor Relations Board v. Carlisle Lumber Co., (C. C. A. 9th, 1937) 94 F. (2d) 138, writ of certiorari denied, 58 S. Ct. 1045 (1938)