CSLB Contractor's Law & Business Practice Exam

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Is it permissible for a contractor to hire strikebreakers to replace striking employees?

  1. Yes, without penalties

  2. No, it is illegal

  3. Yes, if they are volunteers

  4. No, but the contractor may face minor fines

The correct answer is: No, it is illegal

Hiring strikebreakers to replace employees engaged in a lawful strike is illegal under labor law. This practice is often viewed as an infringement on workers' rights to protest and negotiate their working conditions. Strikes are recognized as a legitimate way for employees to express their grievances and seek better terms, and circumventing this by utilizing strikebreakers can lead to various legal consequences for the contractor, including potential unfair labor practice claims. By prioritizing the rights of striking workers, the law aims to maintain fairness in labor relations and prevent undermining the ability of employees to collectively bargain. Thus, contractors should be cautious and avoid engaging in practices that would violate these legal protections, ensuring they respect the employees' choice to strike.