The employees of the Giant 78 Foods chain elect the Food Workers Union as their exclusive bargaining agent

The employees of the Giant 78 Foods chain elect the Food Workers Union as their exclusive bargaining agent. Negotiations for an initial collective bargaining agreement begin, but after six months, no agreement has been reached. The company finds excess damage to merchandise in its warehouse and believes that this was intentional sabotage by dissident employees. The company notifies the union representative that any employees doing such acts will be terminated, and the union, in turn, notifies the employees. Soon thereafter, a manager notices an employee in the bakery section—where he has no right to be—making quick motions with his hands. The manager then finds several racks of bakery goods that have been cut. The employee is fired, whereupon a fellow employee and union member leads more than two dozen employees in an immediate walkout. The company discharges these employees and refuses to rehire them. The employees file a grievance with the NLRB. Are they entitled to get their jobs back? Why or why not?

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