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Understanding Defensive Lockouts in Labor Disputes: Legal Insights and Implications

Explore defensive lockouts in labor disputes, their legality under Taft-Hartley Act, and the evidence required to support anti-union animus claims for 8(a)(3) violation. Learn about no-strike and lockout provisions during notice periods and national emergency scenarios.

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Understanding Defensive Lockouts in Labor Disputes: Legal Insights and Implications

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  1. “Buffalo Linen” • A “defensive” lockout is initiated by the employer in anticipation of strike • A defensive lockout not a per se violation of 8(a)(3) • must have independent evidence of anti-union animus to support an 8(a)(3) violation • “lockout” mentioned in various provisions of Taft-Hartley; suggests Congress viewed it as legitimate weapon • 8(d)(4), “no strike or lockout during notice period • Sec. 206, “National Emergencies • Sec. 208 (a), enjoining a strike or lockout

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