A worrisome measure called The Anti-Striker Replacement Act is being pushed in Congress. It would eliminate employers' right to hire permanent replacement workers during an economic strike or nonunion work stoppage.
Some have said that it would be more accurately named "The Strike Incentive Act," because it would only increase the number and frequency of strikes by destroying what is now a balanced framework for labor-management relations.This proposed law would force an employer to shut down or sharply curtail operations during a strike and discriminate against workers - union and non-union - who fundamentally disagree with a union over initiation of a dispute.
It would overturn over 50 years of legal precedent under the National Labor Relations Act.
Most objectionable is that it would penalize workers who do not participate in a work stoppage by denying them promotions or the benefit of experience earned during the work stoppage.
The proposed law is also deceptively titled. Its provisions are not limited to the traditional strike situation, where a union bargains to impasse and then calls a strike. Rather, it would include all labor disputes.
That means if two or more employees walk off their jobs to protest any terms or conditions of employment, they could not be replaced permanently - even if they give no reason for refusing to work or otherwise communicate any "demands."
Any temporary replacements, if any could be found, would have to be fired anytime the "striking" workers decided to return to work.
If this measure were to become law, unions and employees would be free to stop and resume work whenever they wished. The number and frequency of strikes would skyrocket. It is clearly unwise legislation that should be headed off at the pass.