My striking Unioned workers that is.
(And yes this thread was inspired by NY transit system problems in case you’re wondering. I’m guessing the laws are differnt for goverment employee’s that’s why I’m asking about the private sector)
Reagan did.
CAN you? Are you speaking in legal terms? In that case, it depends.
In some instances, labor and management have strong language in existing contracts forbidding management to fire employees whose only “crime” is going on strike. This is more likely in northern cities, especially with regard to municipal unions.
In other instances, employees are legally forbidden to strike, giving management the legal right to fire those who do. Many federal workers are forbidden to strike. Now, as a practical matter, they occasionally DO strike, and until Reagan fired those air traffic controllers, those federal workers seemed fairly confident the government WOULDN’T invoke its right to fire them.
Can a private company fire strikers? From a legal standpoint, the answer is “probably.” Depends on contracts and agreements already made. Whether it’s worthwhile or a good idea to do so is a different issue.
For private employers this is governed primarily by the National Labor Relations Act (NLRA). In general, such employees can engage in “…protected concerted activities. Generally, “protected concerted activity” is group activity which seeks to modify wages or working conditions.”
Here’s a link that gives a pretty good discussion of what is not allowed, on both employee and employer side.
http://www.nlrb.gov/nlrb/shared_files/brochures/engulp.asp
As noted on the site, this does not apply to government employees, who have their own terms & conditions.
I’m a fat cat business owner? Can I fire my striking workers?
If you are indeed a “fat cat business owner” you would have legal counsel on retainer to answer such a question authoratatively.
You may ask the question on SDMB’s but replys may be no more than opinion with no standing. If you end up acting on well meaning advice rather the competent counsel you would have to suffer the consequences.
But do you have a factual answer for his GQ, or relevant information if there is not a factual answer (this being related to laws, which are often interpreted in ways one might not expect)? I also wonder about how all this works. The newspapers that I’ve read about the transit strike and other labor issues never really discuss what laws are relevant to the situation.
No: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=304&invol=333 (but you can hire “permanent” replacements). http://www.labornotes.org/archives/2003/02/h.html
As others have pointed out, this does not apply to public sector employers and unions.
Different rules in Canada (pdf).
So the employer can’t fire them. Is the employer still paying them or providing benefits? My guess is no and yes.
No and it gets a little complicated, but mostly no.
http://www.boeing.com/special/negotiations/questions_answers/vote_qa.html#Health
Even if you can, in the specific case of NYC Bus drivers, I would be frightened if they fired them all and put 1000’s of new, unskilled drivers behind the wheel.
Driving a Bus in NYC and most Large cities is a specialize skill and greatly improves with experience.
Ride a charter bus into the City from outside and see what an experience it is for the driver. It could far more deadly the firing of the Air Traffic Controllers.
Jim
Sure you can, BUT in such a case you are on your own and open to all kinds of expenses.
IANAL hene no leagal advice, only a commonsense approch to the OP!
So what you are saying is there is nothing physically preventing the OP from firing all striking employees, the same way there is nothing physically preventing me from setting my desk on fire right now? The problem with this logic is that a termination of legally striking unionized private-sector employees would be ineffective. The result would be an order for reinstatement and backpay. The firing would be a nullity.
My desk, on the other hand, would remain a cinder, even after my termination and probable arrest.
Bad advice, especially when an employer can get close to the same effect with permanent replacements.
Reread Post #13, requoting Post #5
What you CAN do and what is prudent or legal are entirely different actions.
IF I were a Fat Cat Business Owner I would seek advice only from leagal counsel!
Whay say you?