Can I fire workers in this situation?

[jolie]

I need help for an employment law class I'm taking at community college for my degree-

I live in an "at will" state. Washington State to be exact. Meaning that employees without a contract I can fire for any reason as long as they are not a protected class. Meaning I can fire everyone who wears size 13 shoes, fire someone for how they drink coffee or even fire someone because of how the "looked" at me if I wanted to. Not that I would, it's just that I can.

Let's say I'm a business owner of a company where 90% of the workers are union members. The union members have been working without a contract for 2 1/2 months. The union members have voted to go on strike, and they are currently on strike. I've been forced to bring in replacement workers because my company provides a critical public service, lets say Trash Pickup for several counties in my state. The striking workers are refusing to meet with company reps to resolve the issue.

Can I fire all the striking workers?

[artek57]

You could have fired them day one for striking.


Keeping in mind that firing someone isn't the same thing as not paying unemployment.

[ezri]

Look into the question of "unfair labor practices." You are currently asking about contract law. Federal law on the subject of unions and collective bargaining impose different limits and different consequences. However, you did not provide enough info.

[garwyli91]

What does the contract say? If the contract states the contract terms continues after expiration until a new contract is signed, then you may not be able to fire the union employees. But if the contract expires do normal state of Washington labor and wage laws apply? If so does everyone get paid minimum wage until a new contract is signed?

Read the contract. It should guide you very well.

It makes no sense to have a labor contract that does not cover what happens as far as pay and benefits go after the contract expires.

One more thing...you can fire an employee under contract. But you must pay the employee the balance of contracted wages and benefits due per the contract. Pro and college sports coaches get fired during the season or before their contracts expire. They get bought out under the terms of their contracts.