Legal Definitions - defensive lockout

A defensive lockout occurs when an employer temporarily prevents its employees from working in direct response to actual or threatened strike activity by a union. Unlike an "offensive lockout" which might be initiated by an employer to pressure a union during negotiations, a defensive lockout is a reactive measure. The employer's primary aim is often to protect its business operations, prevent economic harm, or strengthen its bargaining position against specific union tactics, such as a partial strike or a "whipsaw strike" (where a union strikes one employer at a time within a multi-employer bargaining group).

Here are some examples illustrating a defensive lockout:

• Example 1: Multi-Employer Bargaining Unit

  A union represents workers across three competing hotel chains that negotiate together as a single bargaining unit. When contract talks stall, the union calls a strike against only one of the hotel chains, hoping to win concessions there and then use that favorable agreement as leverage against the other two. In response, the *other two* hotel chains, which are not currently being struck, implement a defensive lockout, temporarily preventing their own unionized employees from working.

  Explanation: This is a defensive lockout because the non-struck employers are reacting to the union's "whipsaw" strategy. By locking out their employees, they aim to prevent the union from gaining an advantage by striking one employer at a time and to maintain solidarity and a united front within the multi-employer bargaining unit.

• Example 2: Response to a Partial Strike

  A large construction company is in contract negotiations with its union. During a critical phase of a project, the union initiates a "rolling strike" where different skilled trades walk off the job for short, unpredictable periods, or key equipment operators engage in a "sick-out." This severely disrupts the project schedule and creates safety concerns, but it doesn't halt work entirely. To prevent further unpredictable disruptions, protect its valuable equipment, and exert economic pressure, the company decides to implement a defensive lockout, temporarily preventing all unionized employees from entering the construction site.

  Explanation: This demonstrates a defensive lockout because the employer is responding to a disruptive, partial strike action. The lockout is a measure taken to regain control over operations, mitigate ongoing damage from the partial strike, and apply counter-pressure in the labor dispute.

• Example 3: Anticipated Strike Affecting Critical Operations

  A municipal waste management company is informed by its sanitation workers' union that a full-scale strike will begin at midnight. Concerned about potential damage to its fleet of garbage trucks left unattended in depots, the logistical nightmare of an abrupt service cessation, and the public health implications, the company decides to implement a defensive lockout a few hours before the announced strike. This prevents workers from reporting for their final shifts and allows the company to secure its vehicles and facilities in an orderly manner.

  Explanation: This is a defensive lockout as the employer is reacting to a clearly announced and imminent strike. The lockout is a protective measure taken to safeguard company assets and manage the transition to a strike situation in a controlled way, rather than waiting for the strike to begin and potentially face greater operational chaos or damage.