Employer Remedies for Breach of No-Strike Clauses

No-strike clauses in which unions promise not to strike or engage in work stoppages appeared in more than 94 per cent of all collective bargaining agreements in 1960.1 The no-strike clause is of manifest importance to the employer, for it is obtained as its sole assurance that business operations will continue uninterrupted by inevitable labor-management disagreements. It has long been thought that specific enforcement was the only satisfactory employer remedy for breach of a no-strike clause,\u27 but a recent decision of the United States Supreme Court, Sinclair Refining Co. v. Atkinson,3 has held that federal courts may not issue injunctions for breach of a no-strike clause and has cast grave doubt upon the appropriateness of the injunctive remedy in state forums as well. Because of the widespread use and importance of the no-strike clause, and because Sinclair has limited the possible remedies available for its violation, it is of value to collect and review the remedies presently available to an employer. The remedies reviewed in this note are the injunction, rescission of the collective bargaining agreement, award of damages, discharge and other discipline, and subcontracting