LEGALITY OF STRIKES

1
LEGALITY OF STRIKES

• Chapter 6

2
TYPES OF STOPPAGES

• Primary strike
• Secondary strike
• Sympathy strike
• Sit-down strike
• Wildcat strike
• Jurisdictional strike
• Whipsaw strike

3
STRIKES RECOGNIZED BY NLRB

• Economic strikes
• Employer unfair labor strike
• Union unfair labor strike

4
PERMANENT REPLACEMENT OF STRIKERS

• Generally, employers can hire permanent
  replacements for economic workers.
• Economic strikers who unconditionally apply for
  reinstatement at a time when their positions are
  filled by permanent replacements
• Remain employees
• Entitled to reinstatement when opening if have
  not acquired regular substantially equivalent
  employment
• Or employer can show a legitimate substantial
  business reason

5
PERMANENT REPLACEMENT OF STRIKERS

• Unfair labor practice workers
• When strikers make an unconditional request to
  return to work, employer may not continue to
  employ the replacement workers in preference to
  the strikers
• An economic strike can be converted to an unfair
  labor practice strike

6
PERMANENT REPLACEMENT OF STRIKERS

• No preference for trainees over returning
  strikers
• Contractual obligations to replacement workers
  can be permanent subject only to settlement
  with union or Board ordering rehiring of strikers
• No super seniority for replacements crossovers

7
Unlawful strikes

• Secondary (against another employer) or
  jurisdictional (between 2 or more unions)
• Unlawful means sit-down, partial strike, wildcat
  strike, use of violence.

8
NOTICE REQUIREMENTS

• Written notice to other party 60 days prior to
  expiration of CBA if want to modify
• Notice to Federal Mediation Conciliation Service
  (FMCS) http//www.fmcs.gov/internet/ within 30
  days

9

• No-strike agreements Are they legal?

10
Norris-LaGuardia Prohibits federal court
injunctions?

• Supreme Court Decisions
• Used to compel employer to arbitrate under CBA
• Would not use to stop a strike even though CBA
  had no-strike clause
• So, in Boys Markets, must be an issue parties are
  obligated to arbitrate
• Limitations do not apply to government suits to
  protect public interest from actual or threatened
  national emergency strikes.