Strikes Major U.S. Strikes, 1950-2009 (involving 1,000+ ees) Management Response to Strike Legal Environment Legal Environment

Strikes Major U.S. Strikes, 1950-2009 (involving 1,000+ ees) Management Response to Strike Legal Environment Legal Environment www.phwiki.com

Strikes Major U.S. Strikes, 1950-2009 (involving 1,000+ ees) Management Response to Strike Legal Environment Legal Environment

Burrell, Jackie, Family Reporter has reference to this Academic Journal, PHwiki organized this Journal Strikes Strike is not weapon it used to be Many unions have decided to try other tactics to deal with disputes E.g., “corporate campaign” Majority of strikes are over negotiation of CBA Strikes currently occur in <5 percent of negotiations Average duration runs 15-20 days Longest strike beginning in 2009 was 27 days, involved Bell Helicopter Textron in addition to UAW Minority are relatively short strikes during term of CBA Historical trends Positively correlated with business cycle, negatively w/ real wage growth Major U.S. Strikes, 1950-2009 (involving 1,000+ ees) 14 in 2003 17 in 2004 22 in 2005 20 in 2006 21 in 2007 15 in 2008 5 in 2009 (2 private sector, 3 public) Management Response to Strike Shut down operations Continue operations Use supervisors in addition to other non-production Ees Feasible where firm not labor-intensive, maintenance dem in addition to s low Hire replacements Puts strikers’ jobs in jeopardy, there as long as e high potential as long as conflict Contract-out work Keiser University-Daytona FL www.phwiki.com

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Legal Environment Er Conduct Legal as long as Er to Advise Ees of their legal right to refrain from striking State that work is available Put into effect most recent offer to U Illegal as long as Er to Refuse to bargain during strike Promise strikers (or replacements) better terms than had been offered at bargaining table Tell strikers they will be discharged if they fail to return Legal Environment Er Conduct In economic strike (one over m in addition to atory subject of bargaining), Er may hire “permanent” strike replacements Mngt may replace strikers, not terminate Once strikers replaced, they are entitled to reinstatement as job openings occur No legal obligation to discharge replacements to recall strikers, but may do so ( in addition to U will likely request this in bargaining) Legal Environment Er Conduct In ULP strike (one caused by or prolonged by mngt ULPs, typically 8a5), strikers entitled to reinstatement even if replacements have been hired Note there as long as e common as long as refusal to bargain charges to be filed during negotiations Economic strike may be “converted” to ULP strike upon Board finding of ULP Er there as long as e bears some risk when retaining replacements in that if ULP found (down the road), strikers may be owed back pay

Labor Law Discussion Case 7 Did the company’s plan to replace striking Ees by inverse seniority violate the NLRA Was the strike a ULP strike Were the strikers entitled to reinstatement as of 7/25 Why is it important whether the cost-saving rationale was offered to the U 6/27 Ethics in Action: Strike Replacements or Scabs Is it ethical as long as a company to use permanent strike replacements Temporary Is it ethical as long as individuals to cross picket lines Is it ethical as long as unions to attack strike replacements as “scabs” in addition to try to prevent them from crossing picket lines Legal Environment Picketing Strikers found guilty of picket line misconduct not entitled to reinstatement St in addition to ard used by Board is where (mis)conduct “reasonably tends to coerce or intimidate” “Sympathy” striker (non-member of striking bargaining unit, e.g., Teamster driver during UFCW strike) is engaged in protected activity in addition to cannot be terminated May be (permanently) replaced Unlawful as long as U to establish secondary picket line against secondary Er However, “allied” Er (one doing struck work) can be picketed Mass picketing unlawful U may not as long as ce Er to impasse over permissive subjects of bargaining

Table 8.1: Types of Strikes Lockouts Whether a work stoppage is a strike or a lockout determines the legal use of replacement workers Lockouts are initiated by the employer A defensive lockout occurs when workers are locked out to prevent employer losses An offensive lockout occurs when an employer locks the doors to put pressure on the union Lockouts are commonly used to control the timing of the work stoppage Contract between NBA in addition to National Basketball Referees Association expired 9/1/09, league locked out referees in addition to used replacements during exhibition games

Lockouts Lockouts are legal as long as they protect or support the employer’s bargaining position Lockouts are illegal if they appear to be an attempt to destroy the union Using temporary replacements during lockouts is legal Hiring permanent replacements is illegal Changing Union Tactics Diminished value of strikes Org labor claims mngt increasingly attempting to (1) as long as ce strike, (2) replace strikers, (3) prolong strike to set up decert election Strikers eligible to vote in any election as long as up to 12 months from beginning of strike Changing Union Tactics Alternative strategies Influencing public opinion Who’s the “villian,” who’s the underdog Exerting economic pressure Consumer in addition to supplier boycotts U must avoid illegal secondary boycotts, but “publicity picketing” allowable U pressure on banks H in addition to billing found to be lawful under NLRA, absent any “coercive” conduct such as picketing Threats to withdraw funds (U limited in its ability to as long as ce withdrawal of pension funds, given fiduciary responsibility of fund trustees)

Changing Union Tactics Alternative strategies Political pressure Complaints to regulatory agencies (esp OSHA) Corporate pressure Appeals to corporate parent, directors, shareholders See Corporate Campaign, Inc. “Workplace strategies” Ees pressure Er from within Loading grievance machinery “Work to rule” Slowdowns, however, unprotected concerted activity (same as long as ‘partial strike’ such as refusal to work overtime) Mediation Most widely used, most in as long as mal type of third-party intervention Voluntary under NLRA, m in addition to atory under RLA Neutral third-party helps negotiators to reach voluntary settlement No power to impose settlement – facilitator Characteristics of mediator Must be acceptable to parties, experience helps How to get experience so as to be acceptable Sources of impasse Most likely to help when procedural breakdowns, less likely when “negative contract zone” Factfinding in addition to Arbitration More as long as mal intervention In private sector, largely limited to national emergency disputes under Taft-Hartley In public sector, often used (imposed by law) when strikes prohibited (esp as long as police in addition to firefighters) Terminology Interest arbitration Voluntary arbitration (parties agree) Compulsory arbitration (law m in addition to ates) Conventional arbitration (split the difference) Final-offer arbitration (package or by issue) Should result in less “chilling effect” WSJ editorialized in favor of amending RLA to include best-offer arbitration (8/24/05) But editorialized in opposition to interest arbitration in Employee Free Choice Act (5/28/09) Rights (grievance) arbitration

Factfinding in addition to Arbitration Selection of Interest Arbitrators Ers tend to prefers arbs w/ training in economics Unions tend to prefer arbs w/ legal training, dislike economists Factfinding’s effectiveness has declined in public sector, led to more use of arbitration Factfinding survives in Taft-Hartley procedures (in part because parties oppose compulsory arbitration) Under T-H, fact-finding board investigates in addition to reports, but does not make recommendations After report, President can ask federal court to enjoin strike or lockout ( as long as up to 80 days) if court finds dispute meets national emergency criteria Most recently, West Coast dockworkers strike in 2002 Reflection Question 4 Assume that the Indiana legislature is writing a comprehensive bargaining law (to replace the current law covering only teachers) in addition to you have been asked to design the law’s impasse resolution procedures. Outline a detailed plan Do you allow strikes Do you require any types of third-party impasse resolution procedures See Indiana Education Employment Relations Board

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