Commentary: Striker replacement bill resurfaces in the Wisconsin Legislature.

• Date: 02 March 2005
• Author: Finerty, John

Byline: John Finerty

The National Labor Relations Act provides that "Employees shall have the right to self-organization, to form, join, or assist labor organizations ... and to engage in other concerted activities for ... other mutual aid or protection ...." 29 U.S.C. s. 157. These rights, known as Section 7 rights, allow employees to organize a union and withhold labor, or strike, to achieve their mutual goals.

In contrast, employers may hire temporary, or in some circumstances permanent, replacement workers during a strike. When employers hire permanent replacements, it may be weeks, months, or even years after the end of a strike before the striking employee can return to work, if ever.

An employer's right to hire replacements, whether temporary or permanent, has been the subject of proposed federal legislation, executive orders, state and municipal laws. State laws that prohibit employers from hiring permanent replacements have been uniformly held to be preempted by the National Labor Relations Act. A new bill, however, circulating through the state Senate, adopts a slightly different approach in an attempt to stop employers from hiring replacement workers during a strike.

The Latest Striker Replacement Proposal

A number of state Senators are considering whether to propose an Act to amend Wis. Stats. s. 103.545, and...