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lockout

 
Dictionary: lock·out   (lŏk'out') pronunciation
n.
The withholding of work from employees and closing down of a workplace by an employer during a labor dispute. Also called shutout.


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Tactic used by employers in labour disputes, in which employees are locked out of the workplace or otherwise denied employment. In the 1880s and '90s, factory owners in the U.S. often used lockouts against the Knights of Labor, which was struggling to organize industries such as meatpacking and cigar making. The lockout has been used less frequently in modern times, usually as part of a pact among members of employers' associations to frustrate labour unions by closing work facilities in response to strikes.

For more information on lockout, visit Britannica.com.

Business Dictionary: Lockout
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Management action preventing employees from performing work in the organization until a labor settlement is reached. Employees are physically barred from entering the workplace.

Idioms: lock out
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1.  Keep out, prevent from entering. For example, Karen was so angry at her brother that she locked him out of the house. [Late 1500s] Shakespeare had it in The Comedy of Errors (4:1): "For locking me out of my doors by day."
2.  Withhold work from employees during a labor dispute, as in The company threatened to lock out the strikers permanently. [Mid-1800s]


Lockout, in management-labor relations, is the tactical action of the employer in refusing work to unionized and/or organizing employees and either forcing them to leave the workplace, while hiring replacement workers, or closing down production altogether. The goal is to force the unionized employees into making concessions. Employers have utilized the lockout numerous times since the 1870s, although the 1947 Labor-Management Relations Act (see Taft-Hartley Act) and subsequent rulings by both the National Labor Relations Board (NLRB) and the courts have imposed some legal restrictions on use of this tactic. Under the law, employers may use the lockout to protect their companies against economic injury and/or to protect themselves at the bargaining table.

Striving for recognition and collectively bargained contracts, unions in many industries during the last third of the nineteenth century struggled intensely with employers across the nation, many of whom had formed antiunion trade associations. Trying to gain advantage in negotiations with companies that belonged to multi-employer trade associations, unions on occasion organized whipsaw strikes, targeting one or more of the employers in such groups for strikes organized specifically to pressure the companies suffering economic losses to appeal to all employers in the respective trade associations to yield to union demands at the bargaining table. Employers developed an arsenal of counter-strategies, including the lockout, to break the whipsaw strikes.

In the common-law tradition, employers were assumed to have virtual autonomy in conducting their businesses, except when constrained by contracts with unions. The persistent efforts of workers in many industries, from iron and steel to railroads, to organize unions prompted employers during the post–Civil War era into the twentieth century to use the lockout. Thus, after locking out workers affiliated with the Knights of Labor during spring 1886, the Chicago-based McCormack Harvester Company hired 300 replacement workers who were guarded by a force of 350 to 500 police officers. Most spectacularly, a strike against Carnegie Steel at Homestead, Pennsylvania, erupted in 1892 when management refused to renegotiate a three-year contract with the Amalgamated Association of Steel and Iron Workers and locked out all employees. Blood flowed when hundreds of Pinkerton guards and 8,000 state militia soldiers tried to escort "scabs" (strikebreakers) past 10,000 striking workers and into the plant.

Legislation enacted during the mid-twentieth century attempted to defuse such labor strife, through institutionalizing the principles of industrial relations that legally sanctioned negotiation and enforcement of contractual rights and responsibilities of management and labor. Accordingly, passage of the National Labor Relations Act (NLRA) in 1936 affirmed workers' rights both to organize unions and to negotiate and enforce contracts through their exclusive Collective Bargaining agents. Though it broke new ground in protecting workers' rights to unionize, the NLRA did not address the lockout. The Taft-Hartley Act, however, did establish particular parameters governing the legality of the lockout. The act prohibits use of either strikes or lockouts to force modification of contracts prior to expiration, and it instructs the director of the Federal Mediation and Conciliation Service to press for negotiated settlements before strikes or lockouts are utilized by either party. Other provisions authorize the president to impose a sixty-day "cooling-off" period in case of stalled collective bargaining negotiations heading toward strikes or lockouts that threaten to become national emergencies.

In findings of the NLRB and the rulings of the federal circuit courts as well as various state courts, the right of employers to use the lockout has been upheld. Moreover, decisions in three cases heard in the U.S. Supreme Court—NLRB v. Truck Drivers Local 449 (1957), NLRB v. Brown (1965), and American Ship Building Co. v. NLRB (1965)—have affirmed the constitutionality of the lockout.

Bibliography

Gregory, Charles O., and Harold A. Katz. Labor and the Law. 3d ed. New York and London: Norton, 1979.

Peterson, Florence. Strikes in the United States, 1880–1936.

United States Department of Labor, Bureau of Labor Statistics, Bulletin 651. Washington, D.C.: GPO, 1938.

Wolff, Leon. Lockout, The Story of the Homestead Strike of 1892: A Study of Violence, Unionism, and the Carnegie Steel Empire. New York: Harper and Row, 1965.

 
lockout, intentional closing up of a company, factory, or shop by an employer to prevent employees from working during a strike or labor dispute. The term lockout is sometimes confused with the term strike, since what employers will frequently designate as a strike will in turn be referred to by workers as a lockout. Lockouts have generally been regarded as legal by the courts, although in some cases they have been held unlawful if they violate the terms of a joint agreement.


Law Encyclopedia: Lockout
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This entry contains information applicable to United States law only.

Employer's withholding of work from employees in order to gain concession from them; it is the employers' counterpart of the employee's strike. Refusal by the employer to furnish available work to its regular employees, whether refusal is motivated by the employer's desire to protect itself against economic injury, by its desire to protect itself at the bargaining table, or by both.

See: labor law; labor union.

Economics Dictionary: lockout
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The withholding of work from employees and closing down of a plant by an employer during a labor dispute.

Dream Symbol: Lockout
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Losing one's keys and being locked out in a dream can indicate fear of losing your position in life. If another person has locked the dreamer out, then control is an issue to be confronted and dealt with-in the dreamer's career or personal life.


Translations: Lock-out
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Dansk (Danish)
n. - lockout, spærring

Français (French)
n. - lock-out, grève patronale

Deutsch (German)
n. - Aussperrung

Ελληνική (Greek)
n. - ανταπεργία, λοκ-άουτ, απεργία εργοδοτών

Italiano (Italian)
serrata

Português (Portuguese)
n. - greve (f) forçada pelo empregador

Русский (Russian)
локаут

Español (Spanish)
n. - cierre patronal

Svenska (Swedish)
n. - lockout

中文(简体)(Chinese (Simplified))
关在外面, 停工关在外面, 停工

中文(繁體)(Chinese (Traditional))
n. - 關在外面, 停工關在外面, 停工

한국어 (Korean)
n. - 공장폐쇄 , 대량 해고

日本語 (Japanese)
n. - ロックアウト, 締出

עברית (Hebrew)
n. - ‮השבתה (ע"י המעבידים), השעייה מהעבודה‬


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Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.  Read more
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Business Dictionary. Dictionary of Business Terms. Copyright © 2000 by Barron's Educational Series, Inc. All rights reserved.  Read more
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Columbia Encyclopedia. The Columbia Electronic Encyclopedia, Sixth Edition Copyright © 2003, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/ Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
Economics Dictionary. The New Dictionary of Cultural Literacy, Third Edition Edited by E.D. Hirsch, Jr., Joseph F. Kett, and James Trefil. Copyright © 2002 by Houghton Mifflin Company. Published by Houghton Mifflin. All rights reserved.  Read more
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