Prepare for and Operate During a Union Strike

Key Points

  • In the event of a union strike, an employer may continue to operate with managerial and supervisory employees. Disciplining or terminating managers or supervisors who refuse to work during a strike is not considered an unfair labor practice. In addition, non-striking employees may perform the duties of striking employees.
  • In any strike, whether for economic reasons or in response to an unfair labor practice, an employer is permitted to hire temporary replacements.
  • During an economic strike only, an employer has the right to hire permanent replacements for striking employees. At the conclusion of the strike, permanent replacements may retain their position, and an employer can offer reinstatement to striking employees if there are available positions.
  • An employer may hire subcontractors to work temporarily during a strike without having bargained the issue with the union. Anyone who accepts subcontracted "struck" work may be subject to picketing by striking employees.

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