
doi: 10.1002/mare.30158
Many employers believe that only employees who are members of a union have the legal right to strike; if nonunion employees stage a walkout, they can be disciplined. However, this belief is decidedly untrue, since all employees have the right to participate in what is known as “protected, concerted activity.” This includes the right to walk off the job in protest of working conditions. Because these activities are protected, the employer may not discipline employees who engage in them. In a recent case, Walmart claimed that when it recorded some of its nonunion employees as absent who were engaged in a walkout, it did not interfere with their right to strike. Recording an absence was not, Walmart argued, imposing discipline.
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