Lockout (industry)

Last updated

A lockout is a work stoppage or denial of employment initiated by the management of a company during a labor dispute. [1] In contrast to a strike, in which employees refuse to work, a lockout is initiated by employers or industry owners.

Contents

Lockouts are usually implemented by simply refusing to admit employees onto company premises, and may include changing locks or hiring security guards for the premises. Other implementations include a fine for showing up, or a simple refusal of clocking in on the time clock. For these reasons, lockouts are referred to as the antithesis of strikes.

Lockouts are common in major league sports. In the United States and Canada, the National Football League, Major League Baseball, the National Basketball Association, and the National Hockey League have all experienced lockouts.

Causes

A lockout is generally an attempt to enforce specific terms of employment upon a group of employees during a dispute. It is often used to force unionized workers to accept new conditions, such as lower wages. If the union is asking for higher wages, better benefits, or maintaining benefits, a manager may use the threat of a lockout – or an actual lockout – to convince the union to relent.

Examples

Far from all labour disputes involve lockouts (or strikes), but lockouts have been used on a large scale around the world during and after industrialization. Some of the lockout incidents are historically significant.

Ireland

The Dublin Lockout was a major industrial dispute between 20,000 workers and 300 employers in Dublin. The dispute lasted from 26 August 1913 to 18 January 1914, and is often viewed as the most severe and significant industrial dispute in the history of Ireland. Central to the dispute was the right to unionize.

United States

In the United States, under federal labor law, an employer may hire only temporary replacements during a lockout. In a strike, unless it is an unfair labor practice strike, an employer may legally hire permanent replacements. Also, in many US states, employees who are locked out are eligible to receive unemployment benefits, but they are not eligible for such benefits during a strike.[ citation needed ]

For the above reasons, many American employers have historically been reluctant to impose lockouts and instead try to provoke a strike. However, as American unions have increasingly begun to resort to slowdowns rather than strikes, lockouts have become a more common tactic of many employers. Even as strikes are on the decline, lockouts are on the rise in the US.[ when? ]

In 1892, after several wage cuts and disputes with the employers at the Homestead Steel Mill in Homestead, Pennsylvania, the union called for a strike after the company stopped discussing its decisions with the union. Henry Clay Frick shut down the plant and locked out all workers, preventing them from entering the mill.

Recent notable lockout incidents have been reported in professional sports, notably involving Major League Baseball in the 1990 and 2021–22 offseasons, the National Basketball Association in the 1995 offseason, the 1996 offseason, and the 1998–99 and 2011–12 seasons, the National Hockey League in the 1994–95, 2004–05 and 2012–13 seasons, and the National Football League in the 2011 offseason. The controversial 2012 NFL referee lockout involved referees, not players. In 2005, the NHL became the first major professional sports league in North America to cancel an entire season due to a lockout.[ citation needed ]

In September 2016, Long Island University became the first institution of higher education to use a lockout against its faculty members. [2] [3]

Australia

On 8 April, 1998, stevedoring company Patrick Corporation sought to restructure its operations for productivity reasons. In an industrial watershed event, it sacked all its workers and imposed a lockout on wharves around Australia. [4]

On 29 October 2011, Qantas declared a lockout of all domestic employees in the face of ongoing union industrial action. That cancelled all flights, grounding the entire fleet for several days. [5]

Canada

On August 15, 2005, 5,500 employees of the Canadian Broadcasting Corporation, a Canadian public broadcaster were locked out by CEO Robert Rabinovitch in a dispute over future hiring practices. While services continued during the lock-out, programming consisted mainly of repeats, with news coverage being provided by the BBC on TV and wire-service feeds on radio. [6] The lock-out ended on October 11, 2005.

Denmark

On 2 April 2013, the Danish Union of Teachers (Danish : Danmarks Lærerforening) and the National Union of Municipalities (Danish : Kommunernes Landsforening) declared a lockout for more than 60,000 primary school teachers across the country. Over 600,000 students were also affected by the lockout and could not go to school.

The dispute was about whether teachers should have extra working time, as the Local Government Association (KL) wanted. The Danish Union of Teachers (DFL) was against it and could not find a solution. [7] After 24 days of being locked out, the teachers lost the labour dispute on 25 April 2013, with a government intervention to end the lockout. The government chose to apply all of KL's main demands, and the teachers received a small wage increase as compensation.

Lock-in

The term lock-in refers to the practice of physically preventing workers from leaving a workplace. In most jurisdictions, it is illegal, but it is occasionally reported, especially in some developing countries.[ citation needed ]

Lock-ins should not be confused with a sitdown strike, like the Flint sit-down strike between the United Automobile Workers and General Motors Corporation.

More recently, lock-ins have been carried out by employees against management, which have been labeled 'bossnapping' by the mainstream media. In France during March 2009, 3M's national manager was locked in his office for 24 hours by employees in a dispute over redundancies. [8] [9] [10] The following month, union employees of a call center managed by Synovate in Auckland locked the front doors of the office, in response to management locking them out. [11] Such practices bear some resemblance to the gherao in India. It is also caused by disagreement between employer and employees in a certain department.

See also

Related Research Articles

A trade union or labor union, often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and benefits, improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees and protecting and increasing the bargaining power of workers.

Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.

<span class="mw-page-title-main">Taft–Hartley Act</span> 1947 U.S. federal law regulating labor unions

The Labor Management Relations Act of 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. It was enacted by the 80th United States Congress over the veto of President Harry S. Truman, becoming law on June 23, 1947.

<span class="mw-page-title-main">Strike action</span> Work stoppage caused by the mass refusal of employees to work

Strike action, also called labor strike, labour strike and industrial action in British English, or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became common during the Industrial Revolution, when mass labor became important in factories and mines. As striking became a more common practice, governments were often pushed to act. When government intervention occurred, it was rarely neutral or amicable. Early strikes were often deemed unlawful conspiracies or anti-competitive cartel action and many were subject to massive legal repression by state police, federal military power, and federal courts. Many Western nations legalized striking under certain conditions in the late 19th and early 20th centuries.

Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.

In labor law, a union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union members become members within a certain amount of time. Use of the union shop varies widely from nation to nation, depending on the level of protection given trade unions in general.

<span class="mw-page-title-main">James Larkin</span> Irish socialist and trade union leader (1874–1947)

James Larkin, sometimes known as Jim Larkin or Big Jim, was an Irish republican, socialist and trade union leader. He was one of the founders of the Irish Labour Party along with James Connolly and William O'Brien, and later the founder of the Irish Worker League, as well as the Irish Transport and General Workers' Union (ITGWU) and the Workers' Union of Ireland. Along with Connolly and Jack White, he was also a founder of the Irish Citizen Army. Larkin was a leading figure in the Syndicalist movement.

Amalgamated Clothing Workers of America (ACWA) was a United States labor union known for its support for "social unionism" and progressive political causes. Led by Sidney Hillman for its first thirty years, it helped found the Congress of Industrial Organizations. It merged with the Textile Workers Union of America (TWUA) in 1976 to form the Amalgamated Clothing and Textile Workers Union (ACTWU), which merged with the International Ladies' Garment Workers' Union in 1995 to create the Union of Needletrades, Industrial and Textile Employees (UNITE). UNITE merged in 2004 with the Hotel Employees and Restaurant Employees Union (HERE) in 2004 to create a new union known as UNITE HERE. After a bitter internal dispute in 2009, the majority of the UNITE side of the union, along with some of the disgruntled HERE locals left UNITE HERE, and formed a new union named Workers United, led by former UNITE president Bruce Raynor.

<span class="mw-page-title-main">Dublin lock-out</span> Major industrial dispute which took place in Dublin, Ireland

The Dublin lock-out was a major industrial dispute between approximately 20,000 workers and 300 employers that took place in Dublin, Ireland. The dispute, lasting from 26 August 1913 to 18 January 1914, is often viewed as the most severe and significant industrial dispute in Irish history. Central to the dispute was the workers' right to unionise.

<span class="mw-page-title-main">Strikebreaker</span> Person who works despite an ongoing strike

A strikebreaker is a person who works despite a strike. Strikebreakers are usually individuals who were not employed by the company before the trade union dispute but hired after or during the strike to keep the organization running. Strikebreakers may also refer to workers who cross picket lines to work.

<span class="mw-page-title-main">Labor unions in the United States</span>

Labor unions represent United States workers in many industries recognized under US labor law since the 1935 enactment of the National Labor Relations Act. Their activity today centers on collective bargaining over wages, benefits, and working conditions for their membership, and on representing their members in disputes with management over violations of contract provisions. Larger labor unions also typically engage in lobbying activities and electioneering at the state and federal level.

<span class="mw-page-title-main">Union busting</span> Efforts to prevent or hinder unionization among workers

Union busting is a range of activities undertaken to disrupt or weaken the power of trade unions or their attempts to grow their membership in a workplace.

<span class="mw-page-title-main">Labor relations</span> Study of work and workers

Labor relations or labor studies is a field of study that can have different meanings depending on the context in which it is used. In an international context, it is a subfield of labor history that studies the human relations with regard to work in its broadest sense and how this connects to questions of social inequality. It explicitly encompasses unregulated, historical, and non-Western forms of labor. Here, labor relations define "for or with whom one works and under what rules. These rules determine the type of work, type and amount of remuneration, working hours, degrees of physical and psychological strain, as well as the degree of freedom and autonomy associated with the work." More specifically in a North American and strictly modern context, labor relations is the study and practice of managing unionized employment situations. In academia, labor relations is frequently a sub-area within industrial relations, though scholars from many disciplines including economics, sociology, history, law, and political science also study labor unions and labor movements. In practice, labor relations is frequently a subarea within human resource management. Courses in labor relations typically cover labor history, labor law, union organizing, bargaining, contract administration, and important contemporary topics.

The Southern California supermarket strike of 2003–2004 was a strike by the United Food and Commercial Workers union (UFCW) against four supermarket chains in Southern California. Management and the unions arrived at a contract after twenty weeks, with both sides claiming victory.

A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company that regulates the terms and conditions of employees at work. This includes regulating the wages, benefits, and duties of the employees and the duties and responsibilities of the employer or employers and often includes rules for a dispute resolution process.

Labour in India refers to employment in the economy of India. In 2020, there were around 476.67 million workers in India, the second largest after China. Out of which, agriculture industry consist of 41.19%, industry sector consist of 26.18% and service sector consist 32.33% of total labour force. Of these over 94 percent work in unincorporated, unorganised enterprises ranging from pushcart vendors to home-based diamond and gem polishing operations. The organised sector includes workers employed by the government, state-owned enterprises and private sector enterprises. In 2008, the organised sector employed 27.5 million workers, of which 17.3 million worked for government or government owned entities.

A wildcat strike is a strike action undertaken by unionised workers without union leadership's authorisation, support, or approval; this is sometimes termed an unofficial industrial action. The legality of wildcat strikes varies between countries and over time.

A whipsaw strike is a strike by a trade union against only one or a few employers in an industry or a multi-employer association at a time. The strike is often of a short duration, and usually recurs during the labor dispute or contract negotiations—hence the name "whipsaw".

NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), is a United States labor law case of the Supreme Court of the United States which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the employer. However, the decision is much better known today for its obiter dicta in which the Court said that an employer may hire strikebreakers and is not bound to discharge any of them if or when the strike ends.

Industrial violence refers to acts of violence which occur within the context of industrial relations. These disputes can involve employers and employees, unions, employer organisations and the state. There is not a singular theory which can explain the conditions under which industrial conflicts become violent. However, there are a variety of partial explanations provided by theoretical frameworks on collective violence, social conflict and labor protest and militancy.

References

  1. "Work Stoppages Frequently Asked Questions". U.S. Bureau of Labor Statistics.
  2. Jaschik, Scott (6 September 2016). "Labour Day Lockout". Inside Higher Ed. Retrieved 9 September 2016.
  3. Semuels, Alana (7 September 2016). "An Unprecedented Faculty Lockout". The Atlantic .
  4. Steve O'Neill, "Outline of the Waterfront Dispute", Current Issues Brief, (Parliamentary Library), n15, 1998. Archived 2011-06-04 at the Wayback Machine
  5. Qantas grounds entire fleet Archived 2011-10-30 at the Wayback Machine - ABC/Yahoo News, 29 Oct 2011
  6. "With lockout, depleted CBC struggling to stay timely". The Globe and Mail. 2005-08-17. Retrieved 2023-04-24.
  7. Lockout to take effect April 2 - The Copenhagen Post, 25 Mar 2013
  8. "Striking French workers free boss". BBC News. 2009-03-26. Retrieved 2009-09-19.
  9. Sage, Adam (2009-04-04). "Angry French workers turn to 'Bossnapping' to solve their problems". The Times. London. Archived from the original on April 1, 2011. Retrieved 2009-09-19.
  10. Matlack, Carol. "BusinessWeek Europe - Sarkozy's "Bossnapping" Dilemma". Businessweek.com. Archived from the original on April 11, 2009. Retrieved 2009-09-19.
  11. "Locked out call-centre staff lock managers in". NZ Herald. 2009-04-14. Retrieved 2009-09-19.