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Can a company hire new employees during a strike?

Posted on October 10, 2022 by Author

Table of Contents

  • 1 Can a company hire new employees during a strike?
  • 2 Can you be replaced while on strike?
  • 3 Can an employer fire you for going on strike?
  • 4 Are strikes legal?
  • 5 Are work slowdowns legal?
  • 6 Why are strikes so important?

Can a company hire new employees during a strike?

Regardless of whether a strike is for economic reasons or the result of an unfair labor practice, an employer may hire temporary replacements.

Can you be replaced while on strike?

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. They retain their status as employees and cannot be discharged, but they can be replaced by their employer.

Can an employer fire you for going on strike?

Under federal law, you cannot be fired for participating in a protected strike or picketing against your employer. You can be lawfully fired for participating in an unprotected strike. When a protected strike ends, you are entitled to return to work.

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Can striking employees work for other employers?

Similarly, striking or locked-out employees may be entitled to picket the place of business of an “ally” employer. The board will declare another employer to be an ally of the struck employer in circumstances where the ally assists the employer in a lockout or in resisting a lawful strike.

What can an employer do during a strike?

An employer may take the following actions during a strike: Urge striking employees to return to work, so long as there are no threats of reprisals or promises of benefits; Hire temporary and permanent replacement employees during an economic strike to protect and continue business operations.

Are strikes legal?

Lawful Purposes A strike is legal – and therefore protected by the NLRA – if the employees are striking for economic reasons or to protest an unfair labor practice by the employer.

Are work slowdowns legal?

Slowdowns are illegal because they give the employees an unfair bargaining advantage by making it impossible for the employer to plan for production by the workforce. An employer may discharge an employee for a work slowdown.

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Why are strikes so important?

Strikes are so important as a tool for bargaining because they highlight the value of the work provided by taking it away.

What are the disadvantages of a strike?

THE ECONOMIC EFFECTS OF A STRIKE FOR BOTH PARTIES. The employer is likely to lose money due to delayed service to clients or to lost production time. The employees will lose their pay due to the no work, no pay principle. If the strikers are dismissed they will lose their livelihoods altogether.

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