Labor Law – Labor-Management Relations Act – Effect of Section 8(D) on the Right to Strike

A union gave notice of its desire to modify the existing collective bargaining agreement sixty days before the date when, according to the terms of the contract, modification would be allowed. Eight months later, but prior to the termination date of the contract, the union called a strike. After several weeks the employees returned to work but the employer refused to reinstate them on the ground that they had struck before the expiration date of the contract in contravention of section 8(d) of the amended National Labor Relations Act and had thereby lost their employees status. On petition to the National Labor Relations Board, held, the employees were entitled to reinstatement. As used in section 8(d), the term “expiration date” connotes not only the terminal elate of the contract but also an agreed date during its life when the parties may re-open the contract to modify some of its terms. Lion Oil Co., 109 N.L.R.B. No. 106, 34 L.R.R.M. 1410 (1954).