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American Ship Building. An “offensive” lockout is initiated by the employer in order to put economic pressure on the union during negotiations An “offensive lockout” not a per se violation of 8(a)(1)-(3) no discrimination - all ees locked out

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American ship building l.jpg
American Ship Building

  • An “offensive” lockout is initiated by the employer in order to put economic pressure on the union during negotiations

  • An “offensive lockout” not a per se violation of 8(a)(1)-(3)

    • no discrimination - all ees locked out

      • counter - ees could work if they were not engaged in CB

    • no intent to discourage union activity

  • no interference with right to strike

    • effects timing, not occurrence of work stoppage

  • Board may not take away a weapon from a party based on “bargaining power,” per se


Lockouts and replacements l.jpg
Lockouts and Replacements

  • Permanent replacements always unlawful

  • Temporary Replacements

    • defensive lockout - lawful

    • offensive lockout - lawful where there is no antiunion animus

      • 8th Cir. (Intercollegiate Press, 1973)

      • Board

        • Harter Equipment, 1986

        • CII Carbon, LLC, 2000

  • Legality of permanent subcontracting during a lockout unclear

    • Bd- illegal

    • DC Cir., legal if first addressed in bargaining


Impasse l.jpg
Impasse

  • Irreconcilable differences after good faith negotiations

    • Parties may use protected economic weapons at impasse

      • Strikes and Lockouts

        • Replacements

    • Employer may implement final pre-impasse proposal

  • Rationale: to create movement in bargaining


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