After being on strike for over 9 months, Asarco employees in Arizona are heading back to work. This comes after a June NLRB decision in favor of the unions, who argued that Asarco was not bargaining in good faith.
The biggest takeaway from this strike is the reminder that there is a difference in responsibility, on the employer’s end, based on whether or not the strike is determined to be economically based or unfair labor practice based. When striking workers are considered “unfair labor practice strikers,” they are protected from permanent replacement. The company has a duty to reinstate the striking workers.
More details on the NLRB’s “Right to Strike” and employer responsibility here.
