Reference no: EM131455414

Question: After a bitter strike and boycott that included the use of "scabs" to replace workers in the walnut industry and strike-related violence, a returning worker who had been a quality control supervisor prior to the strike was placed in a seasonal packing position, a job with less status, because the employer was afraid that the replacement workers, some of whom were still on the job, would try to instigate violence against the returning workers. The workers claimed that the employer refused to place them in their prior positions because of retaliation for striking. After a strike, does the employer have an obligation to place striking workers back in their pre-strike position if there might be violence aimed at them? [ Diamond Walnut Growers Inc. v. NLRB, 113 F.3d 1259 (DC. Cir. 1997).]