Q. A group of our employees recently voted to strike. To ensure that our operations aren’t disrupted, we would like to hire replacement workers. When the strike ends, will we be required to reinstate the strikers?
A. Generally, under the National Labor Relations Act (NLRA), strikers retain their employee status while on strike.
Moreover, if the work stoppage is determined to be an “unfair labor practice strike” (that is, initiated in response to an employer’s illegal acts), the strikers are entitled to reinstatement upon unconditionally offering to return to work.
Therefore, in unfair labor practice strikes, an employer must return striking workers to their former jobs—even if that means firing the replacements. However, if a worker was terminated for engaging in strike misconduct or was otherwise terminated “for cause,” the employer is not required to reinstate him or her.
On the other hand, if the employees are engaged in the more common “economic strike” (meaning a work stoppage not caused by an employer’s unfair labor practices, but rather stemming from an economic disagreement), an employer may hire permanent replacement workers.
When the labor dispute ends, the striking workers may apply for re-employment and should be reinstated to available positions. It should be noted that because an economic strike is considered protected activity under the NLRA, an employer commits an unfair labor practice by discharging a worker for participating in such organized action.
Finally, employers should note that it is possible for an economic strike to become an unfair labor practice strike. For example, if the employer commits an unfair labor practice that prolongs an economic strike, the workers may be entitled to reinstatement as unfair labor practice strikers.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/12070/must-we-rehire-strikers-when-labor-dispute-ends-we-may-want-to-keep-replacement-workers "
- Heed the Legal Risks of Employee Weight-Loss Programs
- Equal opportunity discipline: Don't let rogue bosses subvert your anti-harassment policy
- Ever wonder what's on those trading floor notes?
- Fair investigation all that's needed to support discharge
- Noncompete pacts in Texas: New ruling brings clarity … and questions