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Specific
Union Tactics
Economic Pressure
Classification
of work stoppages:
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Economic |
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ULP |
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Sympathy strikes |
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Lockouts |
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Safety strikes |
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Wildcat strikes |
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National emergency disputes |
Economic
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May
have nothing to do with money |
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Workers can be permanently replaced |
ULP
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Workers
cannot be permanently replaced |
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Must be the result of serious ULP's |
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Economic strikes can be converted to ULP strikes |
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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:
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Permanently
replaced |
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Elimination of job |
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Accepted permanent employment elsewhere |
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Engaged in serious strike misconduct |
Permanently
replaced workers remain employees
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Will
be reinstated based on availability of jobs (Laidlaw list) |
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Retain seniority |
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No unusual incentives (super seniority rights) to replacements |
Decertification
Election
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Strikers
with future reinstatement rights can vote |
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Permanent replacements can vote |
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Permanently replaced workers having voting rights for one year |
Sympathy Strikes
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Rights
determined by strike classification of picket being honored |
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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
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Replacements
generally are temporary |
Unprotected
Strikes
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Goals
are improper; illegal or permissive subjects of bargaining |
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Tactics are improper such as sit downs, slowdowns, and other partial
strict tactics (consider the work-to-rule distinction) |
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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?
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Clear
identification of employer |
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Primary activity may have secondary effects |
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Ally doctrine (must be special arrangements) |
Remedies
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Injunctive
relief (Boys Market decision) The Board required to seek such relief
if there is illegal picketing (hot cargo, secondary agreements, organizational
picketing) |
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Monetary damages |
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Criminal sanctions |
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ULP's |
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Disciplinary
action |
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