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The Kohler people then left the room. Although the federal mediators attempted to induce further meetings, the union announced on August 16 that the membership had voted to reject the company's offer of August 13. This fact made further meetings seem useless, but another series of occurrences forced a wider breach between the parties. " Mobs sometimes numbering in the hundreds would congregate at the homes of nonstrikers, heckling them, calling them dirty names, and frightening their wives and children.
Judge Murphy opened this meeting by reviewing what he felt were the basic issues separating the parties at that time. " But Mr. Mazey took sharp exception to Judge Murphy's opinion. Testifying in the NLRB hearing, Mr. Mazey said: I disagreed very sharply with Judge Murphy. I said that the balance of the issues were still in the picture, and that the question of the return of strikers to the job was not an issue, that the Union would insist on every striker being returned to his job without discrimination if a settlement were to be reached with the Company.
In an unfair-practice strike, the strikers are entitled to have their jobs back upon application for reinstatement. If it is necessary for the employer to discharge the replacements in order to provide jobs for the strikers, he must do so. Thus, when the NLRB held that the Kohler Company failed to bargain in good faith after the strike began—and that this failure prolonged the strike— the consequence was that the strikers were entitled to get their jobs back, upon application. The further consequence was that Kohler had to discharge as Highlights of the Decision 43 many replacements as would be necessary in order to supply jobs to strikers who actually applied for reinstatement.