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Intermittent Strikes Are Not Protected

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A decision issued last week by the National Labor Relations Board (“NLRB” or “Board”) should be noted by employers facing employee general demands for changes in terms and conditions of employment. [1]

The NLRB  reaffirmed established law that a series of short duration strikes, pursuant to a strategy of returning to work from a strike only to strike again FOR THE SAME PURPOSE OR GOAL, are not protected by labor law. Such conduct is not a genuine strike and therefore has no protection under the Labor Management Relations Act.

The Board emphasized that “a genuine economic strike involves employees fully withholding their labor in support of demands regarding their terms and conditions of employment until their demands are satisfied or they decide to abandon the strike. . . . Striking and then returning to work with the intention of striking again is simply not the same.”

[1] Walmart Stores Inc. 368 NLRB No. 24 (July 25, 2019).