![]() Strikes unlawful because of timing-Effect of no-strike contract. In any event, employees who participate in an unlawful strike may be discharged and are not entitled to reinstatement. It is, however, unlawful for the union to strike with an object of forcing the employer to do so. It is not unlawful for Employer A voluntarily to stop doing business with Employer B, nor is it unlawful for a union merely to request that it do so. An example of this would be a strike to compel Employer A to cease doing business with Employer B. A strike to compel an employer to do this would be a strike for an unlawful object and, therefore, an unlawful strike.įurthermore, Section 8(b)(4) of the Act prohibits strikes for certain objects even though the objects are not necessarily unlawful if achieved by other means. ![]() For example, it is an unfair labor practice for an employer to discharge an employee for failure to make certain lawful payments to the union when there is no union security agreement in effect (Section 8(a)(3)). A strike in support of a union unfair labor practice, or one that would cause an employer to commit an unfair labor practice, may be a strike for an unlawful object. A strike may be unlawful because an object, or purpose, of the strike is unlawful. If the Board finds that economic strikers or unfair labor practice strikers who have made an unconditional request for reinstatement have been unlawfully denied reinstatement by their employer, the Board may award such strikers backpay starting at the time they should have been reinstated. When the strike ends, unfair labor practice strikers, absent serious misconduct on their part, are entitled to have their jobs back even if employees hired to do their work have to be discharged. Such strikers can be neither discharged nor permanently replaced. Employees who strike to protest an unfair labor practice committed by their employer are called unfair labor practice strikers. However, if the strikers do not obtain regular and substantially equivalent employment, they are entitled to be recalled to jobs for which they are qualified when openings in such jobs occur if they, or their bargaining representative, have made an unconditional request for their reinstatement. If the employer has hired bona fide permanent replacements who are filling the jobs of the economic strikers when the strikers apply unconditionally to go back to work, the strikers are not entitled to reinstatement at that time. They retain their status as employees and cannot be discharged, but they can be replaced by their employer. If the object of a strike is to obtain from the employer some economic concession such as higher wages, shorter hours, or better working conditions, the striking employees are called economic strikers. Both classes continue as employees, but unfair labor practice strikers have greater rights of reinstatement to their jobs.Įconomic strikers defined. Employees who strike for a lawful object fall into two classes: economic strikers and unfair labor practice strikers. ![]() ![]() The consequences can be severe to striking employees and struck employers, involving as they do questions of reinstatement and backpay. Such issues often have to be decided by the National Labor Relations Board. The object, or objects, of a strike and whether the objects are lawful are matters that are not always easy to determine. The lawfulness of a strike may depend on the object, or purpose, of the strike, on its timing, or on the conduct of the strikers. It is clear from a reading of these two provisions that: the law not only guarantees the right of employees to strike, but also places limitations and qualifications on the exercise of that right. Nothing in this Act, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right. Section 13 also concerns the right to strike. to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” Strikes are included among the concerted activities protected for employees by this section. Section 7 of the Act states in part, “Employees shall have the right. Federal Employee and Applicant EEO Policies.Impact of the NLRB on Professional Sports.1947 Taft-Hartley Substantive Provisions.1947 Taft-Hartley Passage and NLRB Structural Changes.Office of Inspector General - Peer Review.Office of Inspector General - Ongoing Reviews.Office of Inspector General - Investigations.Office of Inspector General - General Audits.
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