CASE STUDY The Right to Strike Seven of the employer's 11 concrete truck drivers met but were instead congregating in front of the plant, the several times during the week of September 16 to dis- company president prepared a letter that was given to cuss their current wage rates, the lack of a medical each of the seven drivers outside the company's entrance insurance plan, and whether they should consider join- at 9:30 on Monday morning. The letter referred to the ing a union. After meeting with a representative of the walkout on the previous Friday and stated in relevant national truck drivers' union, four of the seven drivers part: "The circumstances of having abandoned your signed union authorization cards. Employee Santos, work without first holding a dialogue, then bringing one of the card signers, wrote a letter that the seven later on some demands which we cannot face economi- employees presented to the company's plant manager cally at this time, in addition to your refusal to work if on Friday, September 20. The letter stated, in part, your conditions are not met exactly the way [you] stated "Today all employees wish to express a silent strike in them, we have to interpret it as a resignation from your pursuance of the right that our salaries be increased to job, leaving us without alternatives and unfortunately we $15.75 per hour. We will not work today ... until an have to accept your decision effective today, Monday, accord is reached." September 23." The letter went on to state that the Fri- Later that Friday morning, the company president day work stoppage forced the company to fill some met with seven employees and told them that the com- vacancies and curtail its operations in order to recover pany was in no position to give any wage increase; in part from the losses it had suffered. however, steps were already underway to establish a After receiving the letters, the seven employees left medical insurance plan by the end of the year. The the plant to attend a meeting with a union representa- even employees met outside the plant and decided tive. Sometime later on that Monday, three of the the company's position was unacceptable. The com- employees returned to the plant and requested rein- pany president stated that the board of directors statement. The company reinstated the three drivers would be meeting the following day (Saturday) to con- to their former jobs. The Union filed an unfair labor sider the matter. The seven employees continued their practice on behalf of the remaining four truck drivers walkout during the rest of Friday. alleging that each had been unlawfully discharged in The board of directors met on Saturday and calcu- violation of the LMRA, as amended. lated the annual cost of the employees' wage demand to De $308,000. The board of directors found this unaccept- Questions able and decided to replace the seven drivers rather than 1. Does the work stoppage by the truck drivers in this agree to increase wages. Later on Saturday, the plant case represent an economic strike or an unfair labor manager offered driver positions to three individuals practice strike? who already had job applications on file with the com- All three applicants accepted the job offer and 2. What is the difference between the reinstatement were scheduled to begin work the following week. On rights of an unfair labor practice striker and an Monday, the seven drivers who had walked out on Fri- economic striker? day returned to the company but remained outside the 3. Did the employer unlawfully discharge the four plant entrance. Upon learning that the seven drivers had truck drivers who never returned to work? Explain not reported for work at 8 A.M. on Monday morning your reasoning