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This Note discusses the evolution of the Thayer doctrine under which the NLRB would order reinstatement of strikers where they had committed acts of misconduct if these acts were not as serious as their employer's unfair labor practices.The author first traces the origins of the principle during the period after adoption of the NLRA up until the crystallization of the doctrine in Thayer.The Note then discusses the post-Thayer period where, the author argues, the NLRB frequently misapplied the doctrine, separating the principle from its statutory and theoretical underpinnings.Finally, the author analyzes the NLRB's recent repudiation of the Thayer doctrine in Clear Pine Mouldings.
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