LABOR LAW--ARBITRATION--MANAGEMENT'S DISCIPLINARY AUTHORITY ON UNION'S BREACH OF A NO-STRIKE COVENANT

A demonstration protesting the proper discharge of two union officials resulted in the discharge of ninety-six participating employees. The following day the company commuted the penalty to a two-week suspension. The effective collective bargaining agreement provided that there should be no strikes or lockouts "for any reason" unless the grievance and arbitration procedure had been exhausted but it reserved the employer's right to discharge for breach of the agreement. The arbitration board awarded employees back pay for the time of suspension and seniority and other rights incident to employment for the entire period.

Although the employee had violated the no-strike clause, held, the company by changing the penalty waived the right to use the only disciplinary measure reserved in the contract. The mass suspension was a lockout in violation of the agreement. Sylvania Electric Products Co., 14 Lab. Arb.

Rep. 16 (1950).