Consequences of Engaging in a Strike Under NLRA

That depends on what caused the strike. If the reason for the strike is to protest workplace conditions or to support union bargaining demands, it is called an economic strike. Economic strikers can be permanently replaced by the employer. If the employer replaces the strikers, it is similar to being laid off. When the strike ends, if the replacement worker is still employed, then the striker is not entitled to be reinstated to his job. However, as soon as a vacancy occurs, the striking employees have the right to be reinstated to their jobs. If the reason for the strike is to protest the fact that the employer has violated the NLRA, it is called an unfair labor practice strike. Unfair labor practice strikers cannot be permanently replaced and they have the right to be immediately reinstated to their jobs when the strike ends. In neither event is an employer allowed to discharge, discipline or otherwise discriminate in terms or conditions of employment because an employee engaged in a strike.