James Stockwell was among the members of Machinists Lodge 65 who commenced a lawful economic strike on May 5 against their employer, Overhead Door Corporation. Several of the strikers eventually offered to return to work when the company began to hire replacement workers in the fall. On October 9, Stockwell phoned Overhead Door and offered to return to work. The company notified Stockwell on October 10 that his former job had been filled. Nonetheless, Stockwell expressed his desire to accept any other position, and on October 14, the company offered him a position on the second shift. Stockwell told Overhead Door that he would let them know the following day if he accepted the job. The company did not hear from Stockwell again until December 15, by which time all positions had been taken by replacements.
Before the NLRB, the union contended that Overhead Door was obligated to recall Stockwell before hiring additional replacement workers after he offered to return on October 9. The company maintained that it was free to hire replacements when Stockwell failed to accept the job he was offered.
Has Overhead Door unlawfully failed to recall this economic striker under the NLRA? Decide. [Overhead Door Corp., 261 NLRB 657, 110 LRRM 1113]