Institute a Lockout

Key Points

  • An employer may institute a lockout to put economic pressure on a union during the bargaining process, unless an existing collective bargaining agreement includes a no-lockout clause.
  • While an employer must bargain in good faith during negotiations before imposing a lockout, it does not have to wait until it reaches an impasse with the union. However, an employer should make a good faith effort to continue the negotiations during the lockout.
  • An employer may hire temporary replacement workers during a lockout in order to continue business operations. In some circumstances, an employer may lockout returning strikers seeking reinstatement to their former positions.

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