The U.S. Supreme Court this morning, without comment, declined to overturn a NLRB decision that found that Church Homes (also known locally as Avery Heights) committed an unfair labor practice when it failed to reinstate the permanently replaced economic strikers upon their unconditional offer to return to work. I’ve discussed this case extensively in some prior posts here and here.
The NLRB’s decision (which had been appealed also to the Second Circuit and affirmed) is now likely to be enforced with this Supreme Court decision.
The implications could be far ranging. In the NLRB’s 2007 ruling, the NLRB ordered the company to rehire those striking workers and potentially dismiss permanent replacements hired during the strike. The order also provides for making those people "whole", which means making up for lost pay and benefits. Seeing as this occurred nearly ten years ago, you can imagine the upheaval this might bring.