Permanent replacement of striking workers under federal law

Abstract

This article explores the tenuous employment status of striking workers, and the question of whether employers may hire permanent replacements while the original workers were out on strike for economic reasons. In the early days of economic strikes, employers responded by curtailing operations or reassigning managers to maintain operational capacity. More recently, due to deregulation, cost-conscious initiatives and other economic pressures, employers responded to economic strikes by firing these workers, and hiring permanent replacements.This court surveys the relevant law as courts have been called upon to settle disputes regarding replacement worker issues, and discuss the legal status of these workers.