Legal Question in Employment Law in New Jersey

Possible ousting of in place union when members are on strike?

At this time Resorts International in Atlantic City New Jersey has many Local 54 members that are on strike that have not been civally disobedient. Is there any way to forcebly eliminate the union from the corporation?

Does the company have to put it's union members back to work once the strike is resolved, if the strikers have been permanently replaced?


Asked on 10/25/04, 5:21 pm

1 Answer from Attorneys
Alan Albin Alan S. Albin, Attorney at Law

Re: Possible ousting of in place union when members are on strike?

If permanent replacement workers have been hired in a legal fashion in response to a strike, the company will not have to replace these workers after the strike is resolved, unless the union and the company agree to do so as part of the resolution of the strike.

However, I imagine that if you are a union member, you have a shop steward and/or other union representatives, who can answer your questions. Your union undoubtedly also has its own lawyer(s) to protect the legal interests of the union and its members.

If you think that your own union is giving you a "raw deal", and you wish to have your own legal representation, then you need to hire your own, independent attorney to protect your interests. Please feel free to contact me if you wish to discuss retaining my services.

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Answered on 10/26/04, 9:27 am


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