The workers at an Amazon warehouse on Staten Island New York voted for collective bargaining representation with the Amazon Labor Union (ALU) in an election held in March 2022. The NLRB issued a certification of the union's exclusive representative status for all warehouse employees at the Staten Island facility.

The ALU demands bargaining on all mandatory subjects of bargaining. Included on the ALU's list of specific subjects that the ALU wants addressed in bargaining is the Amazon employee monitoring system, under which Amazon monitors each employee's movement in the facility during the work shift including the length of the employees' bathroom breaks and their time spent socializing with other employees. Amazon resists bargaining on that subject, claiming it is not a mandatory subject of bargaining, since the monitoring system is exclusively a prerogative of management withing the meaning of the management rights clauses in most collective bargaining agreements.

The parties continue to bargain on other subjects of bargaining such as wages. Before the parties reach impasse in bargaining, the union decides to exert its bargaining power by going out on strike against Amazon. Amazon files an Unfair Labor Practice charge with the NLRB claiming that the ALU violated its duty to bargain by going out on strike before impasse in bargaining.

The ALU strikers want to carry picket signs while patrolling outside the entrances to the plant premises. You are their lawyer. The union has made two sets of picket signs. One set says, "AMAZON UNFAIR, REFUSES TO BARGAIN ABOUT EMPLOYEE MONITORING SYSTEM." The other set of signs says, "AMAZON UNFAIR, PAYS LOW WAGES." You must advise the picketers.

Amazon responds to the union's strike by implementing a wage cut, consistent with its last offer to the Union at the bargaining table. The parties agree that at the time of the wage cut, the parties had not reached impasse in bargaining about wages. However, Amazon justifies the wage cut based upon the fact that by going on strike, the ALU initiated "economic warfare", and all is fair in love and war. When the ALU files another charge with the NLRB, should it issue a complaint against Amazon? Explain your answer.