4 ms·

Is firing the entire union protected under labour laws in at will employment states?

• jpollock 5y ago
  The right to strike is federally protected: https://www.nlrb.gov/strikes https://www.nlrb.gov/strikes Seems that if the employer can hire replacements quickly enough, the strikers don't get their jobs back. "Economic strikers defined. If the object of a strike is to obtain from the employer some economic concession such as higher wages, shorter hours, or better working conditions, the striking employees are called economic strikers. They retain their status as employees and cannot be discharged, but they can be replaced by their employer. If the employer has hired bona fide permanent replacements who are filling the jobs of the economic strikers when the strikers apply unconditionally to go back to work, the strikers are not entitled to reinstatement at that time. However, if the strikers do not obtain regular and substantially equivalent employment, they are entitled to be recalled to jobs for which they are qualified when openings in such jobs occur if they, or their bargaining representative, have made an unconditional request for their reinstatement."
• dsr_ 5y ago
  That's an odd phrasing of the question, since normally we talk about rights of the employees being protected. If you want to ask, "is it generally legal to fire all members of a union in retaliation", the answer is "it's complicated". Read https://www.nlrb.gov/strikes https://www.nlrb.gov/strikes