Employers’ strike-related ULPs might constitute interference with protected employee rights, antiunion discrimination, or failure to bargain. 29 U.S.C. §§ 8(a)(1), (3), (5). Let’s consider how the relevant statutory provisions might apply to employers’ strike responses.

I. Group-Based Responses, § 8(a)(3), and the Great Dane Standard

Recall that § 8(a)(3) prohibits discrimination intended to encourage or discourage union activity. Generally, discrimination charges require proof of intentional...