The correct answer is c. must give Joseph and the other striking employees their jobs back. Under the National Labor Relations Act, employees engaged in a legal strike have the right to reinstatement upon ending the strike, regardless of replacements hired during the strike.
This scenario involves several labor law concepts, notably the rights of striking employees under the National Labor Relations Act (NLRA). Here's the breakdown:
- Right to Strike: Section 7 of the NLRA protects the right of employees to engage in concerted activities for mutual aid or protection, including striking. As long as the strike is carried out legally (e.g., peaceful picketing), participating employees cannot be fired or discriminated against.
- Job Reinstatement: Section 8(f) of the NLRA guarantees striking employees the right to reinstatement to their former positions (or substantially equivalent ones) when the strike ends. This right applies as long as the employer doesn't have legitimate business reasons for refusing reinstatement (e.g., permanent replacements hired before the strike ended).
- Replacement Workers: While on strike, employers can legally hire temporary replacements to maintain operations. However, these replacements don't create permanent job rights and do not diminish the striking employees' reinstatement rights.
Therefore, when the strike ends at Jenico, the company:
- Cannot simply keep the replacement workers and deny reinstatement to Joseph and the other strikers. Section 8(f) of the NLRA requires their reinstatement unless legitimate reasons exist for denying it.
- Does not have the option of choosing between reinstatement and retaining the replacements. Their right to reinstatement is a legal protection, not a negotiation point.
Therefore, the correct answer is c. must give Joseph and the other striking employees their jobs back. The presence of replacement workers alone doesn't negate their reinstatement rights unless the company can prove justifiable reasons for not rehiring them.