Concerted work stoppages and employer lockouts are lawful economic tools with defined limits.
Economic strikers may be permanently replaced but not discharged, and retain recall rights to vacancies for which they are qualified. Unfair labour practice strikers are entitled to reinstatement, displacing replacements.
No-strike clauses in collective agreements waive the right for the contract’s term, generally coextensive with the arbitration clause.
Notice requirements apply before striking on contract expiration, and additional notice periods apply in health care institutions.
Unprotected conduct. Intermittent or partial strikes, slowdowns, refusing to perform part of the job while remaining at work, sit-downs, and violence forfeit protection.
Secondary activity. Pressure on neutral employers to cease doing business with the primary employer is prohibited. Primary picketing at a common site is governed by standards addressing timing, location and signage. Reserved gate arrangements are the practical mechanism for separating primary from neutral work.
Recognitional picketing by an uncertified union is limited in duration.
Lockouts are lawful to support a legitimate bargaining position after impasse, and in some circumstances before, provided they are not motivated by hostility to protected activity.