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Fundamentals of Labor Law Regarding Unions

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Since a strike is among the "concerted activities" protected under the law, an employer who locks out his employees in anticipation of a strike commits an unfair labor practice unless unusual circumstances justify the action. Unusual circumstances that have been held to justify a lockout in anticipation of a strike include:

The Court ruled that an employer does not violate the Act when, after an impasse has been reached in contract negotiations, he temporarily shuts down his plant and lays off his employees for the sole purpose of bringing economic pressure to bear in support of his legitimate bargaining position (58 LRRM 2672).



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