A labor lockout is an effort by bosses to block workers from working in the midst of a labor dispute. When unionizing, employers will often use a variety of these union-busting tactics in an attempt to dissuade, dissolve, and dishearten their workers and their unions. Employers will draw out negotiations in an effort to undermine or halt union efforts, partner with anti-union firms, and even refuse to allow employees to work.

Lockouts are often accomplished by literally locking employees out of the workplace, but they can also be achieved through work stoppages, layoffs, or the hiring of nonunion replacement workers. This generally results in a pause in workplace activity, in the case of the employer closing down, and the suspension of employee contracts until an agreement is reached in bargaining.

What types of lockouts are there?

There are different kinds of lockouts — some legal and some not. A legal lockout happens when workers decide to strike and, in response, their employer temporarily closes the workplace.

During a lockout, bosses will suspend employees’ contracts, temporarily nullifying employee rights and obligations, and withhold employee wages. To meet the conditions of a legal lockout, bosses must have a professional purpose or goal, comply with relevant legal procedures, and be unaffected by any lockout ban from the state or another authority.

When the lockout ends, all contracts are reinstated and the workplace returns to business as usual, unless the employer fails to provide jobs to all workers in a timely manner or at all. This then bleeds into illegal lockout territory.

An illegal lockout is one without a professional purpose or goal. If a lockout is found to be illegal, the employer must pay all employee damages incurred due to the lockout, and workers have the right to terminate their contracts with just cause within one year of the end of the illegal lockout.

Famous lockouts

Some of the most recognizable public examples of labor lockouts have happened in professional sports. The Major League Baseball (MLB) lockout in December 2021 lasted until March 2022 in response to the expiration of a 2016 collective bargaining agreement and management’s failure to reach an agreement with workers. While the Major League Baseball Players Association (MLBPA) pushed for the expansion of player control over contracts, the MLB owners hoped to narrow ranges for teams’ combined salaries. When the lockout began, the MLB owners removed merchandise and MLB properties that contained imagery of active players, choosing to only carry old documentaries and re-runs of classic game broadcasts. But MLB owners’ efforts to bully workers into settling for less failed. When the lockout was finally lifted, a new five-year collective bargaining agreement was reached that granted players the ability to advertise on uniforms and helmets; enacted a joint competition committee with players, umpires, and other appointed members to introduce rule changes; and created a minimum salary increase including a $20,000 yearly raise.

One of the most well known, widely discussed lockouts in the U.S. is the 1981 Professional Air Traffic Controllers Organization (PATCO) strike. PATCO members struck for better hours and improved working conditions,despite a law prohibiting federal government employees from striking. Newly elected President Ronald Reagan, then ordered the replacement of strikers through the rehiring of retirees and military controllers (i.e., scabs).

Effects of lockouts

Both legal and illegal lockouts can certainly cause massive strife to workers and employees whether unionized or not, so it’s important to be aware of some strategies to protect oneself from this union-busting tactic. According to the U.S. Employment Rights Protection Agency, employers do not have the right to permanently replace union workers during a lockout. The workers they hire are only allowed during the duration of the lockout in which an employer must be “continuing to bargain with the union in good faith, and the union is not agreeing to good faith demands by the employer.”

However, we’ve seen many cases of employers hiring scabs and putting undo pressure on their striking unions. To protect yourself effectively, your union should review your contract agreements and consider seeking legal advice if necessary.

As a worker in the U.S., there are certain rights you have regardless of whether you’re unionized or not. Reach out to talk with an experienced workplace organizer to learn everything you need to know about organizing your workplace.