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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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Presentation Transcript
american ship building
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
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
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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