ARTICLE: The Replacement of Lawful Economic Strikers in the Public Sector in Ohio. Skip over navigation
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Copyright (c) 1985 Ohio State Law Journal
Ohio State Law Journal

ARTICLE: The Replacement of Lawful Economic Strikers in the Public Sector in Ohio.

Summer, 1985

46 Ohio St. L.J. 639





The National Labor Relations Act (NLRA) 1 provides that it shall not be construed "to interfere with or impede or diminish in any way the right to strike," except as expressly stated therein. 2 The NLRA is silent on the right of private employers 3 replace striking workers. Since NLRB v. Mackay Radio & Telegraph Co., 4 however, the settled rule in private sector labor law has been that an employer may hire permanent replacements for economic strikers -- that is, workers who are striking to force compliance with the union's collective bargaining demands. 5 In contrast, the National Labor Relations Board (NLRB) 6 has held consistently that during unfair labor practice strikes 7 only temporary replacements may be used 8 and that all unfair labor practice strikers are, therefore, entitled to reinstatement. 9

The recently enacted Ohio Public Employee Collective Bargaining Law (PECBL) 10 authorizes certain nonsafety public employees to engage in an economic strike after appropriate notices have been given and all impasse procedures have been exhausted. 11 Like the NLRA, the PECBL is silent on whether public employers in Ohio may replace lawfully striking workers. Neither the Ohio State Employment Relations Board (SERB) 12 nor the courts have had occasion yet to rule on the right of public employers in Ohio to replace economic strikers.

This Article addresses a single question: May public employers in Ohio replace lawful economic strikers? In seeking an answer this Article examines the right to strike ...
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