American Ship Building

1
American Ship Building

• An offensive lockout is initiated by the
  employer in order to put economic pressure on the
  union during negotiations
• An offensive lockout not a per se violation of
  8(a)(1)-(3)
• no discrimination - all ees locked out
• counter - ees could work if they were not engaged
  in CB
• no intent to discourage union activity
• no interference with right to strike
• effects timing, not occurrence of work stoppage
• Board may not take away a weapon from a party
  based on bargaining power, per se

2
Lockouts and Replacements

• Permanent replacements always unlawful
• Temporary Replacements
• defensive lockout - lawful
• offensive lockout - lawful where there is no
  antiunion animus
• 8th Cir. (Intercollegiate Press, 1973)
• Board
• Harter Equipment, 1986
• CII Carbon, LLC, 2000
• Legality of permanent subcontracting during a
  lockout unclear
• Bd- illegal
• DC Cir., legal if first addressed in bargaining

3
Impasse

• Irreconcilable differences after good faith
  negotiations
• Parties may use protected economic weapons at
  impasse
• Strikes and Lockouts
• Replacements
• Employer may implement final pre-impasse proposal
• Rationale to create movement in bargaining