When the employees resorted to that sort of compulsion, growth mindset tree math poster they took a position outside the protection of the statute, and accepted the risk of the termination of their employment upon grounds aside from the exercise of the legal rights
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cert. denied 83 S.Ct. 48 . Economic Strikers Defined. If the object of a strike is to obtain from the employer some economic concession such as higher wages, shorter hours, growth mindset tree math poster or better working conditions, the striking employees are called economic strikers. They retain their status as employees and cannot be discharged, but they can be replaced by their employer. If the employer has hired bona fide permanent replacements who are filling the jobs of the economic strikers when the strikers apply unconditionally to go back to work, the strikers are not entitled to reinstatement at that time. However, if the strikers do not obtain regular and substantially equivalent employment,
they are entitled to be recalled to jobs for which they are qualified when openings in such jobs occur if they, or their bargaining representative, have made an unconditional request for their reinstatement. Here, the strike was illegal in its inception and prosecution. As the Board found, it was initiated by the decision of the Union committee “to take over and hold two of the respondent’s key’ buildings.” It was pursuant to that decision that the men occupied the buildings and the work stopped. This was not the exercise of “the right to strike” to which the Act referred. It was not a mere quitting of work and statement of grievances in the exercise of pressure recognized as lawful. It was an illegal seizure of the buildings in order to prevent their use by the employer in a lawful manner, and thus, by acts of force and violence, to compel the employer to submit.
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