What is the difference between an offensive and a defensive lockout and for each give an example of a situation in which an employer might want to use it. What are the rights of strikers and strike replacements in a lockout situation? (15 minutes)

Question

What will be an ideal response?

Answer 1

A defensive lockout occurs when an employer locks out employees to prevent losses from an expected strike. If an employer handles perishable goods and expects a strike but the union will not reveal the timing of its strike plans, the employer can lock out the employees to prevent losses stemming from the spoilable of its perishable products. This is a defensive action to protect the employer from significant economic losses.
An offensive lockout occurs when an employer takes the initiative to pressure the union for a more favorable settlement. A common reason for this initiative is to control the timing of the work stoppage. An employer may want to use this lockout before a professional athlete begins their season to prevent them from striking right before a major game, which could result in significant economic losses for the owners.
Both of these lockouts are legal as long as they protect or support employers' bargaining positions. However, they are not legal if they are overly aggressive and appear to be an attempt to destroy the union. Hiring temporary replacements is allowed during a lockout whereas permanent replacements are not.