Articles Discussing Labor Union and Employee StrikesArticles Discussing Labor Union and Employee Strikes

ALJ Backs Hospital’s Right to Delay Returning Strikers to Work

An NLRB administrative law judge recently confirmed that a California hospital system had the right to keep replacement workers on the job for the duration of its contractual commitment to a staffing agency even though striking employees were ready to

After the United Auto Workers’ (UAW) labor contracts with the “Detroit Three” automakers expired on September 14, 2023, and the parties were not able to agree on new contract terms, the UAW began striking at targeted plants at midnight on September 15, 2023. Manufacturing and other companies within the automotive supplier network bracing for a resulting downturn in orders may be looking to implement potentially long-term loss mitigation strategies such as furlough, pay cuts, altered schedules, and even layoffs. Employers of foreign workers must consider how these actions affect their compliance with federal immigration rules.

The Supreme Court in Glacier Northwest v. Teamsters held that the NLRA does not preempt state law tort claims for property damage resulting from a strike when the strikers fail to take “reasonable precautions” to protect employer property. This decision slightly restricts the right to strike by obliging

On June 1, 2023, the Supreme Court of the United States ruled that the National Labor Relations Act (NLRA) does not preempt an employer’s state court tort claims alleging a union intentionally destroyed the employer’s property during a strike. The ruling is significant for employers in that it could open

On January 10, 2023, justices for the Supreme Court of the United States questioned attorneys for a ready-mix concrete company and the union representing its truck drivers over whether claims to recover the value of the company’s property destroyed as a result of a strike are preempted by the National

Both the House and Senate have passed legislation under the Railway Labor Act to avoid a railroad strike by imposing the bargaining agreement brokered by President Joe Biden in September 2022.

President Joe Biden has asked Congress to step in and enact legislation in the hopes of preventing a nationwide railway strike.

Employers, especially manufacturers, are facing a new (old) challenge in unionized work forces: strikes. The latest data from the Bureau of Labor Statistics (BLS) shows U.S. workers are more likely to strike today than at any other time in the last 30 years. This should prompt employers with unionized workforces to review their strike preparedness plans.

On October 3, 2016, the Office of the General Counsel (OGC) for the National Labor Relations Board asked the NLRB to clarify and broaden the protection afforded employees who engage in intermittent and partial strikes.

Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring permanent replacement workers for economic strikers. 364 NLRB No. 95 (Aug. 24, 2016). As a result, in cases involving allegations that an employer unlawfully hired permanent replacements, motivation will be a focal point of any investigation, and any “retaliatory” conduct by an employer in response to economic strikers could violate the National Labor Relations Act and require that the employer pay full back pay to permanently replaced economic strikers.