Section 62 Illegal Strike Conduct

• Library: Employer-Employee Law 2008

Not all behavior by striking employees is protected by the NLRA. Certain behavior by striking employees can cost them their jobs, the protection of the NLRA, or both. For example:

• Employees who engage in misconduct that would warrant discharge may be discharged despite the existence of a strike as long as the employer can establish an honest belief that the misconduct occurred. Newton Corp., 258 N.L.R.B. 659 (1981). Bodily injury and property damage often fall into this category. Siemens Energy & Automation, Inc., 328 N.L.R.B. 1175 (1999)

• Sit-down strikes, when the employees refuse to work and refuse to leave the premises, are not entitled to the protection of the NLRA. NLRB v. Fansteel Metallurgical Corp., 306 U.S. 240 (1939)

• Unauthorized or “wildcat” strikes are generally held to be unprotected by the NLRA, and employees who engage in unauthorized strikes may be disciplined or discharged. Aarsvold v. Greyhound Lines, Inc., 724 F.2d 72, 72 (8^th Cir. 1983)

• Efforts to slow or delay production are also illegal under
  the NLRA. GAIU Local 13-B, Graphic Arts Int’l Union
  252 N.L.R.B....