Question

Despite a 1938 supreme court ruling allowing their use, __________ were seldom used by management during labor-management disputes until the 1980s.

Answer 1

The answer is Strikebreakers.

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

• The use of strikebreakers is a worldwide phenomenon; however, many countries have passed laws outlawing their use in order to give more power to unionized workers. As of 2002, strikebreakers were used far more frequently in the United States than in other industrialized countries.
• Japanese labor law significantly restricts the ability of both an employer and a union to engage in labor disputes. The law highly regulates labor relations to ensure labor peace and channel conflict into collective bargaining, mediation and arbitration. It bans the use of strikebreakers.
• Canada has federal industrial relations laws that strongly regulate the use of strikebreakers. Although many Canadian labor unions today advocate for even stronger regulations, scholars point out that Canadian labor law has far greater protections for union members and the right to strike than American labor law, which has significantly influenced the development of labor relations in Canada. In Quebec, the use of strikebreakers is illegal, but companies may try to remain open with only managerial personnel.
• The U.S. Supreme Court held in NLRB v. Mackay Radio & Telegraph  (1938) that an employer may not discriminate on the basis of union activity in reinstating employees at the end of a strike. The ruling effectively encourages employers to hire strikebreakers so that the union loses majority support in the workplace when the strike ends. The Mackay Court also held that employers enjoy the unrestricted right to permanently replace strikers with strikebreakers.

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