Refusing to engage in collective bargaining with employee representatives.Discharging or discriminating against an employee who files charges or provides testimony under the NLRA.Discriminating concerning hiring, tenure of employment, or any term or condition of employment to encourage or discourage membership in a labor organization.Interfering with employees’ rights under the NLRA, including the right to join or form a labor organization (union).Under Section 8 of the NLRA, unfair labor practices include: Unfair Labor Practice StrikesĮmployees can also initiate a strike to protest their employer’s unfair labor practices. 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.” 2. The strikers are not entitled to reinstatement at that time. The NLRB states, “If 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. An employer cannot terminate employees involved in an economic strike, but it can replace them. Economic StrikesĮmployees can initiate an economic strike to obtain additional compensation, better working hours or working conditions, or other economic concessions. The NLRB defines these as (i) economic strikes and (ii) unfair labor practice strikes. The lawful grounds for initiating a strike fall into two main categories. However, as the National Labor Relations Board (NLRB) explains, “the law not only guarantees the right of employees to strike but also places limitations and qualifications on the exercise of that right.” So, while the NLRA recognizes specific lawful grounds for exercising the right to strike, it also identifies both (i) unlawful grounds for initiating an employee strike and (ii) circumstances in which it is unlawful for employees to initiate a strike on lawful grounds. and to engage in other concerted activities for collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment. “Employees shall have the right to self-organization. Specifically, Section 7 of the NLRA provides in pertinent part: Employees’ Right to Strike is Governed by the National Labor Relations Act (NLRA)Įmployees’ right to strike is governed by the National Labor Relations Act (NLRA). Responding both quickly and appropriately can be essential for mitigating potential financial and reputational harm. For employers in South Carolina, knowing how to respond to a strike (or purported strike) is critical. While employees have the right to strike in certain circumstances, the right to strike is not absolute, and employers have clear legal rights when employees attempt to strike in violation of federal law. Employee strikes can be both disruptive and expensive.
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