Protected economic weapons, and the conduct that forfeits protection.
Esshaki Legal Media TeamCurrent as of May 2026
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 labor
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.