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Publications Fundamentals of Labor Law Regarding Unions Samples Economic Strikes: The term "economic strike" has been used by the NLRB as a designation for any strike not caused or prolonged by unfair labor practices of the employer. The implication is that it is a strike to enforce economic demands. But the term also embraces a strike for recognition or organization. Economic strikers have only limited reinstatement rights. They may claim their former jobs if permanent replacements have not been hired. But prior to the strikers' application for reinstatement, the employer may protect his business by hiring replacements or by discontinuing jobs for business reasons. If permanent replacements are hired before the strikers apply for reinstatement, the employer may reject the strikers' applications without violating the law (2 LRRM 610). If an economic striker applies for a job as a new employee after the strike is over, the employer may not discriminate against him because of his participation in the strike. This would be an unfair labor practice. Economic strikers remain employees under the Act even after they have been replaced. So they are entitled to reinstatement as vacancies occur in their former jobs unless (1) they have obtained regular and substantially equivalent employment elsewhere in the meantime, or (2) the employer is able to establish legitimate and substantial business reasons to justify his failure to offer reinstatement (66 LRRM 3727, 71 LRRM 3054). (See Appendix IV concerning employer's steps to be taken in a strike). |
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