In 1991, the Supreme Court issued the most recent (as of early 2008) of its post-Mackay decisions. That year, the Court held that permanent replacements could not automatically be presumed to oppose an incumbent union. Therefore, use of strikebreakers was not automatically a presumption of anti-union animus..Flynn, "The Costs and Benefits of 'Hiding the Ball': NLRB Policymaking and the Failure of Judicial Review," Boston University Law Review, March 1995.
