Strikes, Lockouts and Other "Economic Weapons": New Jersey
Federal law and guidance on this subject should be reviewed together with this section.
Author: John Sarno, Employer's Association of New Jersey
Summary
- For most private sector employers in New Jersey, union strikes, boycotts and other tactics intended to pressure an employer to accept union demands are generally governed exclusively by the National Labor Relations Act (NLRA). See Union Strikes, Boycotts and Other Similar Tactics.
- The NLRA will overrule any state laws that govern labor relations, including strikes, or that are in conflict with the national law. See Union Strikes, Boycotts and Other Similar Tactics.
- Temporary employment agencies cannot supply workers to an employer to replace striking employees. See Replacement of Striking Workers.
- Employees who are locked out by their employers are eligible for unemployment compensation insurance. See Unemployment Compensation During a Lockout.
Union Strikes, Boycotts and Other Similar Tactics
For most private sector employers in New Jersey, union strikes, boycotts and other tactics intended to pressure an employer to accept union demands are generally governed exclusively by the National Labor Relations Act (NLRA) which has exclusive jurisdiction over management-labor disputes.
This exclusive jurisdiction means that the NLRA will overrule any state laws that govern labor relations, including strikes, or that are in conflict with the national law.
Replacement of Striking Workers
The NLRA permits an employer to either temporarily or permanently replace employees on strike, depending on the nature of the strike.
However, in New Jersey it is unlawful for a temporary employment agency to supply workers to an employer for the purpose of replacing employees on strike. +N.J. Stat. § 34:8-46(h)(3).
If a temporary agency supplies workers to an employer for the purpose of replacing employees on strike, both are subject to penalties.
Unemployment Compensation During a Lockout
New Jersey's Unemployment Insurance permits employees to collect unemployment compensation insurance during a lockout, assuming that all other eligibility criteria have been met. +N.J.A.C.12:17-12.2.
A lockout is when an employer prevents employees from working after the union directs them to return to work after a strike under the pre-existing terms and conditions of employment.
Future Developments
There are no developments to report at this time. Continue to check XpertHR regularly for the latest information on this and other topics.
Additional Resources
Strikes, Lockouts and Other "Economic Weapons": Federal
Labor Rights and Enforcement: Federal
Unfair Labor Practices: Federal
How to Prepare and Continue Business Operations During a Strike
No Strike/No Lockout Clause for Collective Bargaining Agreement
Prepare for a Strike Checklist
Replacement Workers During a Strike - Permanent vs. Temporary
