Prepare for and Operate During a Strike

Key Points

  • In the event a strike occurs, an employer is permitted to continue operations by using managerial and supervisory personnel. Employers should note that the discipline or termination of managerial or supervisory personnel who refuse to perform work, whether supervisory or nonsupervisory, does not constitute an unfair labor practice. The use of non-striking employees to perform the duties of striking employees is also permitted.
  • An employer has the right to hire permanent replacements during an economic strike only. At the conclusion of the strike, permanent replacements may retain their position. Employers can only offer reinstatement to striking employees if there are any available positions. Regardless of whether it is an economic or unfair labor practice strike, employers are permitted to hire temporary replacements.
  • Employers may also temporarily subcontract work during the strike without having bargained the issue with the union. Be advised that a party who accepts subcontracted "struck" work may be subject to picketing by the striking employees.

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