A strikebreaker, referred to as a scab or black-leg labor in British English, is an individual who violates the terms of a union contract by working during a strike, thereby replacing a union worker. This action often leads to tension between workers and management.
A strikebreaker, also referred to as a scab or black-leg labor in British English, is an individual who works in violation of a union contract. This includes workers who cross a picket line to replace a striking union worker. In the case of the teacher’s strike, the school district employed strikebreakers to ensure that classes continued. Similarly, when factory workers went on strike, the company brought in strikebreakers to maintain the production line. These instances demonstrate the utilization of strikebreakers to substitute union workers during a strike. This can lead to tension and conflict between the striking workers and the strikebreakers, as the latter are perceived as undermining the union’s efforts to negotiate improved working conditions.
Yes, it is generally legal to hire strikebreakers, also known as replacement workers, during a labor strike. However, there may be certain restrictions or regulations imposed by labor laws in specific jurisdictions.
In most cases, employers cannot permanently replace striking workers with strikebreakers. Once the strike is over, the original workers typically have the right to return to their jobs, while the strikebreakers are usually let go.
While strikebreakers are generally not protected by labor laws, they still have certain legal rights. For example, they are entitled to a safe working environment, fair wages, and protection against discrimination or harassment.
Striking workers generally cannot take legal action against strikebreakers themselves. However, they may be able to file complaints or legal actions against their employer if they believe the hiring of strikebreakers violated labor laws or the terms of their collective bargaining agreement.
Strikebreakers can be held liable for damages or injuries they cause during a strike, just like any other employee. If they engage in unlawful activities or negligence that results in harm, they may be subject to legal consequences.
Strikebreakers must adhere to the same legal restrictions as any other employee. They cannot engage in illegal activities, such as violence or intimidation, and must respect the rights of striking workers.
Unions and striking workers generally have the right to picket or protest against strikebreakers, as long as they do so within the boundaries of the law. However, they cannot engage in violence, harassment, or other unlawful activities.
Employers generally cannot fire striking workers solely because they are participating in a lawful strike. However, if the strike involves illegal activities or violates the terms of their employment contract, employers may have grounds for termination.
Employers who hire strikebreakers in compliance with labor laws generally do not face legal consequences. However, if they engage in unfair labor practices or violate any applicable regulations, they may be subject to legal action or penalties.
In most cases, striking workers who are replaced by strikebreakers are still eligible for unemployment benefits. However, the specific eligibility criteria may vary depending on the jurisdiction and the circumstances of the strike.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/strikebreaker/
- Modern Language Association (MLA):Strikebreaker. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/strikebreaker/.
- Chicago Manual of Style (CMS):Strikebreaker. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/strikebreaker/ (accessed: May 09 2024).
- American Psychological Association (APA):Strikebreaker. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/strikebreaker/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts