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Can a company replace workers on strike?

Posted on December 2, 2022 by Author

Table of Contents

  • 1 Can a company replace workers on strike?
  • 2 Can you be fired on strike?
  • 3 Do I have the right to work during a strike?
  • 4 What happens when a union goes on strike in New York?
  • 5 Can I work during a strike to avoid union discipline?

Can a company replace workers 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 you be fired on strike?

Under federal law, you cannot be fired for participating in a protected strike or picketing against your employer. If the reason for the strike was, in whole or in part, to protest one or more unfair labor practices, strikers must be immediately reinstated.

Can you fire workers on strike?

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Do I have the right to work during a strike?

If you are a union member, while you do have the right to work during a strike, most unions have rules that prohibit their members from crossing a picket line and working through a strike, or engaging in any activity that is in conflict with the members’ responsibility toward the union.

What happens when a union goes on strike in New York?

If your union goes on strike, whether you voted for the work stoppage or not, you’ll have to look to other sources of income. New York is the only state that offers unemployment benefits to striking workers. If you live in New York and your union declares a strike, you’re eligible for benefits after 49 days.

Can I collect unemployment if I participate in a strike?

The same applies if you are a member of the union and voted against the strike. As long as you participate in the strike by honoring the picket line, you can’t collect unemployment benefits.

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Can I work during a strike to avoid union discipline?

If you want to work during a strike you must be certain that you are not a union member if you wish to avoid union discipline. Many courts have held that unions have the power to discipline their members. This discipline can include imposing a significant fine upon and then suing you to enforce the payment of the fine.

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