Economic strikers defined. If the object of a strike is to obtain from the employer some economic concession such as higher wages, shorter hours, or better working conditions, the striking employees are called economic strikers. They retain their status as employees and cannot be discharged, but they can be replaced by their employer. If the employer has hired bona fide permanent replacements who are filling the jobs of the economic strikers when the strikers apply unconditionally to go back to work, the strikers are not entitled to reinstatement at that time. However, if the strikers do not obtain regular and substantially equivalent employment, they are entitled to be recalled to jobs for which they are qualified when openings in such jobs occur if they, or their bargaining representative, have made an unconditional request for their reinstatement. https://www.nlrb.gov/strikes
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I do need to be coddled more.
ugg, don't stamp your feet , you need to be coddled more.
We'll find out next month when the lock out goes into effect.
It depends on why there was a strike called, certain posters here are calling it an economic strike. There are issues on the table that are not economic. There are legal ramifications, I am sure now there will be legal scholars who practice law will respond.
Excuse my ignorance but the contract expired,. It seems sides want to change it. Isn't that generally the case?
why confused, the company wants to change the contract
I'm confused at what the union is looking for if it's not economic. Giving concessions on healthcare and pension seem economic. If so, wouldn't the Mackay ruling of 1938 allow for permanent replacements?
I hope you get all that you are looking for, that is also feasible within operating costs, from a big company like Verizon. I think this standoff will set the stage for our children's job market.
By the way, boneheaded move not to continue FIOS expansion. The company could own the broadband market. Great product!!!
jrs, what are the certain conditions?
@egb yes but they have met the prescribed conditions for doing so.
Strikes at end of contract period.Section 8(d) provides that when either party desires to terminate or change an existing contract, it must comply with certain conditions. If these requirements are not met, a strike to terminate or change a contract is unlawful and participating strikers lose their status as employees of the employer engaged in the labor dispute. If the strike was caused by the unfair labor practice of the employer, however, the strikers are classified as unfair labor practice strikers and their status is not affected by failure to follow the required procedure. https://www.nlrb.gov/strikes
The company wants to change the contract
https://www.flra.gov/cases/unfair-labor-practice Unfair labor practice
What is an Unfair Labor Practice (ULP)?
The Federal Service Labor-Management Relations Statute (the Statute) protects federal employees’ rights to organize, bargain collectively, and participate in labor organizations of their choosing – and to refrain from doing so. A ULP is conduct by agencies or unions that violates rights that the Statute protects or the rules that it establishes.
You can find more detailed information about the various ULPs and filing and responding to a ULP charge on our ULP Resources page. Also, check out our frequently asked questions about the ULP-charge process. If you are ready to file, click here.
Employee Rights
Employees covered by the Statute have the right to form, join, or assist a union, or to refrain from such activity, without reprisal, including the right to:
Organize, or attempt to organize, a union in the workplace
Act as a union representative
Seek union assistance
File or pursue a grievance
Refuse to form, join, or assist a union
Be fairly represented by their union
Agency ULPs
An agency commits a ULP when it violates rights that the Statute protects. Examples include:
Threatening an employee that her career would not go much further if she proceeded with her grievance
Transferring an employee to an undesirable job because she filed a ULP charge
Eliminating employees’ compressed work schedules without giving their union notice and an opportunity to bargain over the change
Refusing to grant an employee’s request for a union representative during an investigatory (Weingarten) interview, when the employee reasonably fears discipline
Union ULPs
A union commits a ULP when it violates rights that the Statute protects. Examples include:
Refusing to process a grievance because an employee is not a union member
Threatening an employee for filing a ULP charge
Refusing to negotiate in good faith with an agency
Calling, participating in, or supporting a strike, work stoppage, or slowdown