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. Strikes for a lawful object.Employees who strike for a lawful object fall into two classes “economic strikers” and “unfair labor practice strikers.” Both classes continue as employees, but unfair labor practice strikers have greater rights of reinstatement to their jobs.Įconomic strikers defined. Employees and employers who anticipate being involved in strike action should proceed cautiously and on the basis of competent advice. A detailed analysis of the law concerning strikes, and application of the law to all the factual situations that can arise in connection with strikes, is beyond the scope of this material. It must be emphasized that the following is only a brief outline. 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. See for example, restrictions on strikes in health care institutions (set forth below). 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 National Labor Relations Act states in part, “Employees shall have the right. Federal Employee and Applicant EEO Policies.
WORKERS STRIKE DEFINITION PROFESSIONAL
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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