Checklist-Ground rules for managers and supervisors during a strike

The statements and actions that supervisors and managers make to employees who honor a picket line during a strike may result in an unfair labor practice charge by the union. Thus, supervisors and managers should be warned that any careless word or action could have serious consequences. Attorney James W. Wimberly suggests the following ground rules for managers and supervisors during a strike.

Statements and actions that members of management should avoid during a strike include:

• Attempting to induce employees to return to work by bargaining with them individually;

• Threatening to close or move the plant;

• Threatening to discharge strikers or threatening, coercing or intimidating strikers in any way;

• Visiting employees at home to persuade them to return to work;

• Spying on union members;

• Taking pictures of peaceful picketing or handbilling occurring off the workplace;

• Promising employees a pay increase, promotion, benefits or special favors to induce them to come back to work;

• Making false statements about the union or its position on issues;

• Showing favoritism between union and non-union sympathizers.

Statements or actions that members of management can engage in during a strike include:

• Informing employees about the company's position on the issues;

• Informing employees that the company will remain open to serve customers;

• Telling employees that they have the right to withhold their services and that the company will respect that right;

• Telling employees that federal law gives the employer the right to hire a replacement for anyone who honors a picket line and refuses to work;

• Enforcing company rules fairly and impartially in accordance with past practice and published rules;

• Speaking to employees who honor the picket line so long as no promises or threats are made to solicit them to give up and come back to work;

• Replacing an employee honoring the picket line unless the employee has made an unconditional offer to return to work before the time the employee was replaced with another person;

• Refusing to reinstate an employee if the employee has committed violence, damage to company property, used force to bar others from entering plant premises or other forms of strike misconduct;

• Protecting employees who continue to work;

• Stopping employees honoring the picket line or union agents from following the cars of employees who choose to work;

• Hiring guards to protect equipment and property.