Reference no: EM133204662 , Length: Word count: 2 Pages

Assignment Task:

1. Does the work stoppage by the truck drivers, in this case, represent an economic strike or an unfair labor practice strike?

To answer this question, we must look at the reasoning for why the strike happened. A strike due to wages and work conditions would be considered an economic strike. "If the object of a strike is to obtain from the employer some economic concession such as wages, shorter hours, or better working conditions, the striking employees are called economic strikers" (NLRB).

2. What is the difference between the reinstatement rights of an unfair labor practice striker and an economic striker?

In an unfair labor practice strike, strikers cannot be replaced or discharged. "When the strike ends, unfair labor practice strikers, absent serious misconduct on their part, are entitled to have their jobs back even if employees hired to do their work have to be discharged" (NLRB). If the Labor Board finds that reinstatement was not done for the unfair labor practice striker, they will be considered for backpay.

In an economic strike, the economic strikers cannot be discharged. The striker will retain the status of employment, but the employer can replace them. "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" (NLRB). The economic striker would have to wait until the job becomes open again to apply if it ever does. They can also try to gain employment back by waiting for their employment representative to request for the economic striker to be reinstated.

3. Did the employer unlawfully discharge the four truck drivers who never returned to work? Explain your reasoning.

The employer did not unlawfully discharge the four truck drivers who never returned to work. The employer treated the situation as if it was an unfair labor practice strike when it was an economic strike. The employer hired temporary workers and allowed the three employers who wanted to come back to work their jobs back; when they did not have to. The employees were not discharged but quit when they abandoned their post. "The circumstances of having to abandon your work without first holding a dialogue, then bringing on later some demands which we cannot face economically at this time, in addition to your refusal to work if your conditions are not met exactly the way {you} stated them, we have to interpreted it as a resignation from your job, leaving us without alternatives and unfortunately we have to accept your decision effective today, Monday, Sept. 23" (Holley, 2017).

In the case of NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), "stating that an employer does not violate the National Labor Relations Act when it permanently replaces an economic strikers to carry on its business has been acknowledged as having "vitality" in subsequent Supreme Court decisions" (Kaltenbach). The Mackay doctrine is a law that "forbids employers from discharging legally protected strikers while, at the same time, allows those employers to hire other workers to replace strikers" (Kohler, 2006). Due to these reasons, nothing illegal was done during this strike.