Strikes And Lockouts Essay

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I. Strikes and Lockouts
A. A strike occurs when employees refuse to work until an employer changes its position on one or more issues.
1. A lockout is an employer-initiated work stoppage.
B. There are several different types of strikes:
1. Unfair labor practice strike to protest an employer’s unfair labor practice.
2. Economic strike to protest current wages, benefits, and work rules (mandatory bargaining items)
3. Sympathy strike to support other workers who are on strike.
4. Recognition strike to pressure an employer to recognize and bargain with a union
5. Wildcat strikes over grievances while a contract is still in effect
6. Noneconomic strike over permissive bargaining items
C. Not all strikes are legal in all situations.
D. A key aspect of a strike is the picket line.
E. All types of strikes have greater restrictions when conducted by government employees compared to private sector employees.
1. Strikes by federal government employees are illegal
2. Economic strikes by nonessential workers in some states are legal; but in most states all types of strikes are illegal

II. Strike Replacements
A. Court rulings, especially the Mackay doctrine, outline U.S. policy on strike replacements.
B. It is now well-accepted legal doctrine that employers cannot use permanent replacements during an unfair labor practice strike.
C. Employers can use temporary replacements during lockouts.

I. Third-Party Dispute Resolution
A. Third-party dispute resolution mechanisms use a neutral third-party to settle bargaining impasses with the goal of avoiding costly strikes.
B. The three primary third-party dispute resolution mechanisms are:
1. Mediation.
2. Arbitration.
3. Fact-finding.

III. Mediation
A. Mediation is a dispute resolution process in which a neutral third-party helps negotiators avoid or resolve an impasse by reaching an agreement.
B. The use of mediation does not need to wait until an impasse occurs.
C. A wide range of tactics can be used by mediators to help solve a bargaining impasse.
IV. Interest Arbitration
A. Arbitration resolves disputes by the issuing of a settlement by a neutral third party arbitrator(s) that is binding on the employer, union, and employees.
B. Interest arbitration imposes a settlement on the parties to the dispute.
C. The two primary forms of interest arbitration are:
1. Conventional arbitration where the arbitrator is not constrained in deciding the settlement
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