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Old 11-22-2008, 06:14 AM
Anthony Anthony is offline
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Join Date: Apr 1999
Location: cleveland, OH
Cobra Make, Engine: CSX4000, 427
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Quote:
Originally Posted by Jamo View Post
Excuse me, when was the last time you went through a strike situation and had to retain replacement employees?

Were those temporary replacement employees, or permanent replacement employees? What are the legal implications of hiring either? How long had the strike been going on before you made the decision to retain the replacement employees. Was the strike due to an impasse in negotiations, or was it based on allegations of bad faith bargaining with a resulting unfair labor practice charge/complaint...these issues, as I'm sure you must know, have a great deal to do with whether you are retaining temporary or permanent replacements. Are there going to be allegations that you are engaged in an offensive lockout if you hire the replacements, or are you engaging in a defensive lockout? What about unemployment benefits for strikers...do you know what the entitlement laws are in your state(s) of operation...do you want strikers to be funded with unemployment benefits...which turns on whether they are temporary or permanent replacements, depending the the particular state? Are you going to continue collecting union dues from the replacements? What about healthcare for both the strikers and the replacements?

As stated above, you do realize folks have to be processed within three days for I-9 purposes, correct? And you will most certainly be under the eyes of ICE since the union will be calling them everyday to allege you are hiring illegals. What about training the employees (as noted above in a less pressurized scenario)?

Are you going to continue negotiating during the strike, and if so...what promises have you made to any permanent replacements you hired? Are you going to be able to release them immediately or with some period of notice in order to bring back striking employees if you resolve the dispute?


Nothing is ever as simple as it seems.
The laws would never allow anything be simple. They're written for that purpose, with thousands of layers of exceptions, allowance of loop holes, etc. Basically, lack of common sense.

I think the big three should be allowed to fail, and if anything is owed, then go after the personal assets of the management, and confiscation of retirement accounts of all. After bankruptcy, the UAW can then purchase whatever is left over, and run it themselves under whatever "contract arrangement" they feel is fair, and give everybody a great paying job.
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