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Specific Union Tactics

Economic Pressure

Classification of work stoppages:

  Economic
  ULP
  Sympathy strikes
  Lockouts
  Safety strikes
  Wildcat strikes
  National emergency disputes

Economic

  May have nothing to do with money
  Workers can be permanently replaced

ULP

  Workers cannot be permanently replaced
  Must be the result of serious ULP's
  Economic strikes can be converted to ULP strikes
  Anyone hired after conversion treated as temporary

At conclusion of a strike, if there is an unconditional offer to return to worker, employees will be reinstated unless:

  Permanently replaced
  Elimination of job
  Accepted permanent employment elsewhere
  Engaged in serious strike misconduct

Permanently replaced workers remain employees

  Will be reinstated based on availability of jobs (Laidlaw list)
  Retain seniority
  No unusual incentives (super seniority rights) to replacements

Decertification Election

  Strikers with future reinstatement rights can vote
  Permanent replacements can vote
  Permanently replaced workers having voting rights for one year

Sympathy Strikes

  Rights determined by strike classification of picket being honored
  Distinctions between primary (may be permanently replaced but not disciplined), secondary and stranger picketing (retaliatory discipline is ULP unless legitimate business justification, honoring picket of exempted workers like public fess is unprotected)

Lockouts

  Replacements generally are temporary

Unprotected Strikes

  Goals are improper; illegal or permissive subjects of bargaining
  Tactics are improper such as sit downs, slowdowns, and other partial strict tactics (consider the work-to-rule distinction)
  Seeking recognition of union beyond 30 day limit (distinguished from area standards picketing)

 

Secondary pressure against neutrals 8(b)4 preserving "neutrality" in a dispute

Are there neutrals?

  Clear identification of employer
  Primary activity may have secondary effects
  Ally doctrine (must be special arrangements)

Remedies

  Injunctive relief (Boys Market decision) The Board required to seek such relief if there is illegal picketing (hot cargo, secondary agreements, organizational picketing)
  Monetary damages
  Criminal sanctions
  ULP's
  Disciplinary action


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