Strikes and Lockouts
4
Strike Types
Economic, ULP, Wildcat, Sympathy
2
Lockout Types
Defensive and Offensive
1
Replacement Rule
Differs by strike type
four picket signs · four legal outcomes
The Picket Line
Four protesters with four different signs. The reason on the sign determines whether they keep their jobs, get permanently replaced, or get terminated.
how to read this
- › The reason on the sign determines the legal category. Same physical act of striking, very different rules.
- › Economic — keep job, but employer can permanently replace.
- › ULP — keep job, only temp replacements, return on unconditional offer.
- › Wildcat — losers all around. No Section 7 protection.
Lockouts — The Employer's Side
A lockout is the employer's version of a strike — workers are excluded from work, not terminated. Two flavors.
Defensive
reactive
Employer locks out to prevent imminent strike OR after one starts. Protected.
Offensive
proactive
Employer locks out to gain bargaining leverage. Protected if no anti-union motivation.
no-strike clauses
CBAs often contain no-strike clauses waiving the right to strike during the contract term. Wildcats in violation of these clauses are unprotected and disciplinable.
Exam Traps
Economic strikers permanently replaceable
ULP strikers can only be temporarily replaced. The exam tests this — most-confused distinction.
Wildcat strikes are NOT protected
Strike not authorized by the union. Employees can be terminated. Especially in violation of no-strike clause.
Sympathy strike protection is variable
Depends on contract terms (no-strike clause) and circumstances. Often partially protected.
Lockouts are not termination
Locked-out employees remain employed. They are excluded from work, not separated.
Wildcat = fireable
Strike without union authorization, especially in violation of a no-strike clause, loses Section 7 protection.
ULP = come back
If the employer caused the strike with a ULP, strikers get their jobs back when they offer to return — displacing replacements.
Economic strike. Owner hires permanent replacements. Strikers wait for openings.
ULP strike. Owner hires temporary replacements. Strikers come back when they offer to return.
Wildcat. Not protected. Can be fired.
Sympathy. Protection depends on contract.
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