Locking Out Workers: A Landmine of Legalities

A swimming pool cleaning supply manufacturer was negotiating a successor collective bargaining agreement with the United Food and Commercial Workers Union. After the Union rejected several healthcare plan proposals made by the Company, the Company said it wanted to freeze the current contract for one year, but also said it expected to have information on…
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Company’s Lockout of Union Members Lawful When Bargaining Both Mandatory and Permissive Subjects

The United Steel Workers (USW) went on strike at an aluminum oxide plant after its collective bargaining agreement expired. Management responded with a “last, best and final” proposal to end the dispute. The workers rejected this contract proposal prompting the company to begin a lockout of bargaining unit employees the next day. A company can…
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Kellogg Puts on a Clinic in How to Lock Out Employees

Kellogg Co. legally locked out over 200 union employees for nine months because a bona fide impasse had been reached after the union refused to negotiate proposals over mandatory subjects of bargaining. Specifically, Kellogg declared impasse, timely notified the Union of its demands so that the Union could evaluate whether to accept them and prevent…
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Key Provisions of Collective Bargaining Agreements (Part 2)

Collective bargaining agreements contain many different clauses. This three part series covers what I believe to be among the most important clauses to any labor contract. In Part 1 I discussed the recogition clause, management rights clause, and dues check off clause. Today I cover the no strike / no lock out clause and the sympathy strike clause.…
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