Crossing Picket Lines

Penny · May 2002

In the event of a strike, can management force nonunion office employees to cross the picket line to work? Is there a difference between exempt and nonexempt? Can they be terminated for refusal to cross? Can they be forced to work at another location in a different state if the company picks up the costs?

Don D · May 2002

My humble opinion is that people who are not 'part of the bargaining unit' are subject to the company's attendance rules and discipline policies in the event of a walkout or strike just as they are at any other time. In 'right to work' states, the hourly employees are in the bargaining unit even though they don't join the union and have its protections and rights. I don't think your office people can 'sympathy strike' or refuse to cross but might depend on your state and its laws. Now the people in the 'bargaining unit' who may not have joined the union cannot be forced to work in violation of the NLRA. You need to link up with a labor law attorney with NLRA experience poste haste. If you are in or on the verge of a strike, don't waste time pursuing other courses.

ritaanz · May 2002

When our company had a srike, the picket line was huge. We found that the majority of non-union employees wanted to work but were afraid to cross the line. We had security escort them into the building. These security guards were hired as a precaution when we thought there MIGHT be a strike and were specialy trained to handle picket line situations.

Those non-union employees that did not come to work were not paid even though they may have had PTO coming. But we did not discipline them either. The small handful that did not cross had personal issues with the whole enchilada.

System · May 2002

I don't know much about unions, but I do know that the National Labor Relations Act also protects nonunion employees who act on the behalf of co-workers. I'd consult a lawyer before taking action against any employees.
[url]http://www.hrhero.com/findanattorney.shtml[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers

David Hagaman GA · May 2002

The NLRB would consider it an unfair labor practice for an employer to discharge or discipline non-covered employees(those not in bargaining unit) who refused to cross the picket line in sympathy with the union. I agree with James that this is a very delicate issue, and you should consult with appropriate labor counsel.
David C. Hagaman
Editor, Georgia Employment Law Letter
Ford & Harrison
[email]dchagaman@fordharrison.com[/email]; 404/888-3838

Crossing Picket Lines

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