Institute a Lockout

Key Points

  • An employer may institute a lockout to bring economic pressure upon the union during the bargaining process. However, an employer cannot institute a lockout if there is a current collective bargaining agreement with a no-lockout clause.
  • While an employer must bargain in good faith during the negotiations before imposing a lockout, it does not have to reach an impasse with the union. The employer should however continue making a good faith effort during the duration of the lockout.
  • An employer may hire temporary replacements during a lockout in order to continue business operations. In some circumstances, an employer may lockout returning strikers seeking reinstatement.

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