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CAN EMPLOYEES BE REPLACED DURING A STRIKE? 

Yes.  While you do have a right to strike and cannot be fired for striking, you can be replaced. In addition, if you engage in an economic strike, you would generally become an "economic striker."

As an economic striker, your employer is legally allowed to hire a permanent replacement to fill your job. As/if you and/or the union call off the strike, you are not entitled to your job back until a vacancy occurs. Instead, you would be placed on a preferential rehire list and may return to work only when an opening occurs.



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All information and materials on 1-888-NO-UNION.COM are free. The information and materials on this site are for informational purposes only. Nothing on this website constitutes, nor should it be viewed as legal advice or advice to either employees or employers. Moreover, the information provided on this site should NOT be construed as advice for employees on how to exercise your NLRA Section Seven Rights. If you have a legal question, you are strongly encouraged to consult with your attorney (as an employer) or contact us should you need a referral to legal counsel. Further, should you request an answer to a question, you agree that any answer to any question does not constitute legal advice, or advice of any nature, but is purely for informational purposes.

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