UNFAIR PRACTICE ISSUES; STRIKES, SLOWDOWNS AND WORK STOPPAGES – Unfair Practice

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Two out of five strikes at issue in employer’s request for injunctive relief were preceded by the filing of various unfair practice charges. There is no question that a strike provoked by an employer’s unfair labor practices is protected at any time it occurs during the negotiating process, and the Board is not at liberty to ignore such charges when faced with a request to enjoin strike activity. Thus, the Board could not infer an unlawful intent to engage in an intermittent strike when the employer’s alleged unfair practices were squarely at issue. Indeed work stoppages that respond to distinct employer actions or issues, even if close in time, are simply not pursuant to a plan to strike intermittently for a single goal, and are therefore protected. (p. 8.)