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(solution) In May, the nurses union at Waterbury Hospital went on strike, and the hospital was shut down. In...


In May, the nurses union at Waterbury Hospital went on strike, and the hospital was shut down. In mid-June, the hospital began hiring replacements and gradually opened many units. To induce nurses to take employment during the strike, the hospital guaranteed replacement 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 replacement nurses. The nurses who had the positions prior to the strike and were waiting to return to work believed that they should have been called to fill these positions rather than the junior replacements who had held other positions during the strike. Decide. [Waterbury Hospital v NLRB, 950 F2d 849 (2d Cir)]  

 


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