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11-24-2004, 10:22 PM
Team Ben Anti-Tank 0
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Join Date: Jun 2002
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Originally Posted by thinkwild
If Bettman imposes a CBA and invites them to cross as strikebreakers, they are free to do so. I wonder if strikebreakers would be unionized.
In some areas strike breakers have precedence of employment. If they union returns to work the strike breakers keep their jobs and the union guys must wait until a vacancy appears.

At least that is my reading of it

Replacement Workers
Employees who strike to obtain better wages, hours, and working conditions are referred to as “economic strikers.” Workers may, however, be hired to replace them, and these replacements need not be let go when the strike is ended. As a practical matter, the economic striker may lose his job, but it is unlawful for an employer to express it in those terms.

These rules probably vary from state to state and country to country.

Union Unfair Labor Practices
The NLRA is primarily concerned with the legal rights of employees to engage in union and collective bargaining activities, so the legal restrictions on labor unions’ dealings with employees are less intrusive than those on employers’ relationships with employees. However, seven areas exist in which a labor union may be charged with an unfair labor practice.

1. Restraining or coercing employees who are attempting to exercise their rights guaranteed by the NLRA or interfering with an employer in the selection of his representatives for collective bargaining or grievance adjustment purposes. Examples of this include

a. acts of force or violence on the picket line or during a strike;
b. threatening employees with the loss of their jobs unless they support a union; or
c. fining employees for crossing a picket line after they resigned from the union.

2. Causing an employer to discriminate against an employee in violation of Subsection 8(a)(3) or to discriminate against an employee for whom membership in the union has been denied or terminated for reasons other than nonpayment of the periodic dues and initiation fees required under a union security clause. Examples of this include

a. causing an employer to discharge employees because they disagreed with union policy; or
b. seeking the discharge of an employee for failure to pay a union fine.

3. Refusing to bargain with employers in good faith. Examples of this include

a. refusing to negotiate a mandatory subject of bargaining; or
b. insisting on the inclusion of an illegal contract provision.

4. Striking, picketing, or threatening such actions to force an employer to

a. join a labor organization or use only vendors or service suppliers whose employees are represented by a labor union;
b. cease doing business with another employer;
c. assign particular work to employees represented by a particular union; or
d. cease doing business with another employer.

5. Charging prospective members exorbitant or discriminatory initiation fees.

6. Causing or attempting to cause an employer to pay or deliver or agree to pay or deliver any money or other thing of value for services that are not performed or not to be performed.

7. Picketing or threatening to picket an employer to force it to confer recognition on the picketing union as its employees’ bargaining representative after

a. the employer has lawfully recognized a different labor union;
b. a certified NLRB election has been conducted in the past 12 months; or,
c. the picketing has been conducted for 30 days without a petition for an election being filed with the NLRB.

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