Star Meat Co. v. National Labor Relations Board Book Reviews

Star Meat Co. v. National Labor Relations Board by Sixth Circuit. United States Court Of Appeals Book Summary

Star Meat Co. (Star Meat), appeals from an order that it violated Section 8(a) (1) of the National Labor Relations Act (the Act), 29 U.S.C. § 151 et seq. by discharging an employee because of his picketing activities. 237 N.L.R.B. 132 . The National Labor Relations Board (the Board) has cross petitioned for enforcement of its order. For the reasons set forth below, we grant enforcement. Zivko Dimovski participated in an economic strike with other employees at Star Meat's Warren, Michigan plant. On May 11, 1977, the second day of the strike, Dimovski, who did not speak English well, attempted to prevent a non-striking replacement employee from going to work by grabbing him, asking him where are you going, and pushing him about four or five feet backward. Dimovski claims that he was not aware that he could not physically restrain non-striking employees until he was so informed by union counsel the day after this incident. On May 13, Star Meat discharged Dimovski. He was reinstated on July 9. After a hearing, an Administrative Law Judge held that Star Meat's discharge of Dimovski violated the Act. Star Meat was ordered to make Dimovski whole for any loss of earnings suffered as a result of his discharge. On appeal, Star Meat argues that Dimovski's violent activities justified his discharge. We disagree.

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