EMPLOYER INTERFERENCE, RESTRAINT, COERCION; INTERFERENCE WITH STRIKES AND PICKETING: LOCKOUTS – Post-Strike Furloughs
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406.04000 – Post-Strike Furloughs
Employer harmed protected rights when it prohibited employees from working for multiple days after a strike due to a minimum shift guarantee for strike replacements, prevented employees from using accrued paid leave for these days, and designated both strike days and mandatory days off with a payroll code that can be used for discipline. These actions discouraged employees from authorizing future strikes, and therefore had to be narrowly tailored to a compelling business necessity.