Employer Waives Right to Terminate Illegal Strikers By Imposing a Lockout | Practical Law

Employer Waives Right to Terminate Illegal Strikers By Imposing a Lockout | Practical Law

In Douglas Autotech Corporation, the National Labor Relations Board (NLRB) held that an employer lost its right under Section 8(d) of the National Labor Relations Act (NLRA) to terminate employees for striking illegally by imposing a lockout on them. By locking the workers out after the illegal strike ended, the employer effectively "re-employed" the workers, restoring their rights under the NLRA immunizing them from discipline for the illegal strike. Accordingly, the NLRB held that the employer unlawfully terminated the strikers.

Employer Waives Right to Terminate Illegal Strikers By Imposing a Lockout

Practical Law Legal Update 0-513-4551 (Approx. 4 pages)

Employer Waives Right to Terminate Illegal Strikers By Imposing a Lockout

by PLC Labor & Employment
Published on 22 Nov 2011USA (National/Federal)
In Douglas Autotech Corporation, the National Labor Relations Board (NLRB) held that an employer lost its right under Section 8(d) of the National Labor Relations Act (NLRA) to terminate employees for striking illegally by imposing a lockout on them. By locking the workers out after the illegal strike ended, the employer effectively "re-employed" the workers, restoring their rights under the NLRA immunizing them from discipline for the illegal strike. Accordingly, the NLRB held that the employer unlawfully terminated the strikers.