Midwest Generation
National Labor Relations Board
343 N.L.R.B. 69 (2004)
- Written by Tammy Boggs, JD
Facts
A labor union (the union) (plaintiff) called a strike of about 1,150 employees at Midwest Generation (Midwest) (defendant). Midwest maintained its operations using eight bargaining-unit members who continued working during the strike (nonstrikers), supervisory personnel, contractors, and temporary replacements. In the first two months of the strike, approximately 47 striking employees offered to return to work, and they were accepted back regardless of any union affiliation (crossover employees). Negotiations between the union and Midwest over a new collective-bargaining agreement continued during the strike. After the union unconditionally offered for all strikers to return to work, Midwest declined the offer and instituted a lockout of all workers who were still on strike as of the date of the union’s offer, until the parties agreed to a new contract. Many employees wanted to but could not return to work during the lockout. Over a month later, the union approved a collective-bargaining agreement, and Midwest ended the lockout, allowing all employees to return to work. The union brought a case before the National Labor Relations Board challenging the legality of Midwest’s lockout.
Rule of Law
Issue
Holding and Reasoning (No information provided)
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