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Fundamentals of Labor Law Regarding Unions

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Before modifying or terminating a contract, a party must take these steps:

Employees who strike during the 60-day cooling-off period forfeit their status as "employees" under the Act and are not protected against being discharged or otherwise disciplined by the employer for participating in the strike. This loss of protection, however, does not apply to a strike not involving "contract termination or modification." It has been held, for example, that the 60-day notice and cooling-off period does not apply to a strike caused by serious unfair labor practices of the employer not involving contract issues (37 LRRM 2587).



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