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hi for paul mjd. so i know this lockout thing is different

 
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hi for paul mjd. so i know this lockout thing is different than a strike... and i know it changes the game for the union... but im sure of all the technicalities. could you tell me more? my dad said it changes how they can vote on the contract, and i also wanted to know is it a union busting tactic? it seems it to me so far...

 

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State/Country relating to question: New York

Submitted: 285 days and 4 hours ago.
Category: Employment Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  PaulMJD replied 285 days and 4 hours ago.

A lockout is not to be legally used to break a union and to do so can be considered an Unfair Labor Practice which is something the union pursues through the National Labor Relations Board or the State Labor Board. The union members still ultimately can vote on the contract unless it is submitted to binding arbitration in which case the parties are bound by whatever the two sides end up with through the arbitration process and the union members would be stuck with a binding arbitration agreement. Employers use lockouts to try to force the union to the table to negotiate and come up with more workable solutions to the employer's issues (remember the NFL lockout and it was not done to bust the union, but because the management and employees were at an impasse on negotiations and were not making any progress negotiating).

The lockout now forces the union to the table for negotiations to get around the impasse and to force them to arbitration


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Expert TypeAttorney
Category: Employment Law
Pos. Feedback: 98.3 %
Accepts: 11428
Answered: 7/2/2012

Experience: 20+ Years of Employment Law Experience

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Customer replied 285 days and 4 hours ago.

yeah but they locked them out within an hour of the contract expiring and in the middle of negotiating. the union said they would work without a contract and mgmt said they wanted them to sign a paper saying they wont go out on strike. the union refused to sign it. inside info my uncle whos a big wig in mgmnt was there at 9pm before the deadline and so were a ton of other managers. it seems that the co was ready to just lock them out....

arbitration is bs b/c its like the arbitrator just does one for the union and then the next for mgmt, which just sux for everyone. i wouldnt think the co would want to try to do that. its kind of a lose lose i think

Accepted Answer

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Expert:  PaulMJD replied 285 days and 4 hours ago.

That would be a ground for the union to file an unfair labor practice charge though the labor board. I am not a big fan of arbitration either and you are not wrong, but the union has redress here at least through the labor board, which I am sure they are pursuing if it went down like you are saying.

Expert TypeAttorney
Category: Employment Law
Pos. Feedback: 98.3 %
Accepts: 11428
Answered: 7/2/2012

Experience: 20+ Years of Employment Law Experience

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Customer replied 285 days and 4 hours ago.

well they - the union - said theyre calling for the feds to come. which i think is stupid b/c theyll just bust the union like they did with the airlines. yay de regulation. i think they shud go the NLRB route. but what do i know? im just a blonde...

ps im the nurse you helped all those times with the "charting" issue

Accepted Answer

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Expert:  PaulMJD replied 285 days and 3 hours ago.

That means they have complained to the National Labor Relations Board as they are the federal union regulators.

NY is a forced union state, so it is not likely they will break the union in NY by doing this. The NLRB will send in their mediators and if that does not work they will push for binding arbitration. As you may know though, these things can go on for a long time before they get resolved.

Expert TypeAttorney
Category: Employment Law
Pos. Feedback: 98.3 %
Accepts: 11428
Answered: 7/2/2012

Experience: 20+ Years of Employment Law Experience

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Customer replied 285 days and 3 hours ago.

so they could be locked out for months? poor dad hes worked there since hes 17 and hes there 40 yrs. it would be hard for him to get another job.

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Expert:  PaulMJD replied 285 days and 3 hours ago.

Yes, he could be locked out for months as these negotiations with or without the NLRB involved can move very slow, it all depends on how motivated the employer and the union are to get back to making money.

Customer replied 285 days and 3 hours ago.

ok dokey. we just have to hope for a blackout. see mgmt sweat a little then.

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Expert:  PaulMJD replied 285 days and 3 hours ago.

Hopefully it will not last too long, since this is a necessary service.

 
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