Connie and her fellow union employees went out on strike when the company refused to meet the union's demands for higher wages and better benefits. Shortly thereafter, the company began hiring permanent replacement workers. After a hard eight-month
strike, the union and the company reached an agreement. When the strike was over, Connie was upset that she was not given her job back. The replacement worker that took over her job was retained. She believes she has a legal right to her job, especially since she was a faithful employee for over 20 years. Is Connie right? Explain.
No. Connie has no legal claim to require the company to give her job back. The strike was based on economic issues. An economic strike is one intended to gain wages or benefits. During an economic strike, an employer may hire permanent replacement workers. When the strike is over, the company has no obligation to lay off the replacement workers to make room for the strikers. However, if and when the company does hire more workers, it may not discriminate against the strikers. The only time Connie would have a legal right to demand her job back would be if the strike had occurred due to an unfair labor practice on the part of the company.
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