In May, the nurses' union at Waterbury Hospital went out on strike, and the hospital was shut

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In May, the nurses' union at Waterbury Hospital went out on strike, and the hospital was shut down. In mid-June, the hospital began hiring replacements and gradually opened many units. In order to induce nurses to take employment during the strike and in an attempt to induce some striking nurses to return to work, the hospital guaranteed replacement and crossover nurses their choice of positions and shifts. If a preferred position was in a unit that was not open at that time, the hospital guaranteed that the individual would be placed in that position at the end of the strike. The strike ended in October, and as the striking workers returned to work, the hospital began opening units that had been closed during the strike. It staffed many of these positions with nonstrikers. The nurses who had filled the positions prior to the strike and who were waiting to return to work believed that they should have been called to fill these positions rather than the junior replacements and crossover nurses who had held other positions during the strike. Decide this case based on the Mackay Radio and TWA v. IFFA decisions. [Waterbury Hospital v. NLRB, 950 F.2d 849 (2d Cir.)]

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