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April 1, 2008
Scabs Wanted for Hire at American Axle
Frank Williams at The Truth About Cars has this story stemming from the on-going American Axle strike:
An interesting "help wanted" ad appeared in several cities' papers yesterday: "Employment offered to applicants responding to this advertisement will be to fill anticipated attrition replacement openings after negotiations or in place of employees involved in this strike." [Emphasis added.] You guessed it-- the ads were placed by American Axle.
CBC News reports the company ran the ad in cities where they have a plants which have been shut down by the UAW strike. Of course, the official AA party line, as espoused by spokeswoman Renee Rogers is: "We expect that once an agreement is reached with the UAW a significant number of associates will participate in buyouts and early retirements. We are currently preparing a pool of potential new associates." The auto supplier also sent letters to workers who were laid off before the strike began, asking them to come back to work. The UAW responded by calling for a mass picket today outside AA's headquarters. There's no apparent break in the impasse between labor and management; their full negotiating teams haven't met since March 10.
Well, if you are a potential scab, I mean permanent replacement, just be aware that you may not have that many rights if the striking workers come back to work at the end of the strike and take your jobs as the result of a strike settlement agreement. But I'm sure that American Axle is also being careful not to say anything that will lead to state breach of contract and intentional interference claims, which are not preempted under Belknap v. Hale, being brought against them by permanent replacement who may lose their jobs as a result of the end of strike.
Hat Tip: Nicholas Greene
PS
April 1, 2008 in Labor and Employment News | Permalink
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Comments
Michigan (and wherever else American Axle's plants are located) may also have a statute like the Pennsylvania Strikebreaker Act, which restricts the hiring of scabs and requires that ads for replacement workers give notice that there is an ongoing labor dispute (it's amazing what I remember from those long-ago days of PA practice!). Even though state restrictions on hiring striker replacements are probably pre-empted (at least one case, from the 8th Circuit, so holds), such a statute would be more reason for a prudent employer, wishing to avoid unnecessary litigation, to include such a notice in a help wanted ad.
Posted by: eric | Apr 1, 2008 4:45:39 PM
Shame on you. Is it considered eye catching to use the term scab? What is the basis for making a value judgment that strikers occupy a higher place than the worker who is willing to cross a picket line because he needs to work? Stick to reporting and analysing and leave the opinion making to the politicians who lie by definition.
Posted by: lewis sapp | Apr 2, 2008 8:17:17 AM
"After God had finished the rattlesnake, the toad, and the vampire, he had some awful substance left with which he made a scab."
"A scab is a two-legged animal with a corkscrew soul, a water brain, a combination backbone of jelly and glue. Where others have hearts, he carries a tumor of rotten principles."
"When a scab comes down the street, men turn their backs and angels weep in heaven, and the devil shuts the gates of hell to keep him out."
"No man (or woman) has a right to scab so long as there is a pool of water to drown his carcass in, or a rope long enough to hang his body with. Judas was a gentleman compared with a scab. For betraying his master, he had character enough to hang himself." A scab has not.
"Esau sold his birthright for a mess of pottage. Judas sold his Savior for thirty pieces of silver. Benedict Arnold sold his country for a promise of a commision in the british army." The scab sells his birthright, country, his wife, his children and his fellowmen for an unfulfilled promise from his employer.
Esau was a traitor to himself; Judas was a traitor to his God; Benedict Arnold was a traitor to his country; a scab is a traitor to his God, his country, his family and his class."
Author --- Jack London (1876-1916)
Posted by: Joseph Slater | Apr 2, 2008 11:36:36 AM
