The term “scab” is a highly charged label used within the context of labor disputes and strikes, representing one of the most controversial aspects of collective action. A strike is the ultimate tool workers use to exert pressure for better wages, benefits, or working conditions. The ability of an employer to maintain operations directly impacts the strike’s effectiveness, and the presence of replacement workers creates deep divisions, shifting the balance of power between labor and management. Understanding the definition and legal status of these individuals is fundamental to grasping the dynamics of modern labor relations.
Defining the Term “Scab”
In labor relations, a “scab” is a derogatory term for a worker who undermines a strike by crossing the picket line to work for the employer. This applies broadly to both existing employees who choose not to participate and new hires brought in specifically to replace striking workers. Organized labor views the act of working during a strike as a betrayal of the collective effort to improve conditions for all workers.
The negative connotation of the term is rooted in its etymology, dating back centuries. The word originally referred to a crust or blemish on the skin before evolving to mean a scoundrel or cheat by the 1590s. Its first recorded use in the context of strikebreaking in the United States was during an 1806 trial. The metaphor suggests the strikebreaker is a physical lesion damaging the solidarity and strength of the workers.
The Historical and Social Context of Strikebreaking
The emotional weight carried by the word “scab” stems from the historical role strikebreakers played in weakening organized labor. During the late 19th and early 20th centuries, a period of massive industrialization, employers frequently used replacement workers to break strikes and maintain production. This practice often led to violent confrontations and deepened divisions within working-class communities.
Strikebreaking was an effective strategy because continuing operations diminished the economic pressure exerted by the union. The use of replacement workers undermined collective bargaining by signaling that the employer could withstand a prolonged work stoppage. This forced striking workers to balance the immediate need for income against the collective goal of improving long-term conditions. Companies often recruited strikebreakers from outside the local community, sometimes using private security, which intensified the social ostracization directed at those who crossed the line.
Distinctions Among Replacement Workers
The individuals who perform work during a strike fall into distinct categories with different motivations and legal statuses. Understanding these distinctions provides a more nuanced view of the labor dispute.
Strikers Who Return to Work
This group consists of employees who were part of the union or bargaining unit but decide to return to work before the dispute is resolved. They are often seen by striking colleagues as having defected from the cause. The decision to return usually results from financial strain, as strikers lose wages and benefits during a work stoppage.
Non-Union Employees Who Refuse to Strike
In workplaces where a union represents a bargaining unit, non-union workers may choose to continue performing their duties. Since these employees are not bound by the union’s strike vote or bylaws, their decision to work is legally protected. While performing their regular jobs, their actions contribute to the employer’s ability to operate and weaken the strike’s economic impact.
Permanently Hired Replacement Workers
Employers may hire new individuals with the intent of keeping them on the payroll after the strike concludes. These new hires are offered permanent employment, taking the place of striking workers. For striking employees, permanent replacement is a significant risk, meaning their former job is no longer available when the strike ends.
Temporary Replacement Workers
This category includes individuals hired specifically to perform work only for the duration of the strike. These workers are not promised a job once the labor dispute is settled and striking workers return to their positions. Using temporary replacements allows the employer to maintain operations without the long-term commitment of replacing the entire workforce.
The Legal Framework for Hiring Replacement Workers
In the United States, the legal right of an employer to hire replacement workers is governed by the National Labor Relations Act (NLRA). This right is balanced against the employees’ protected right to strike, and employers are generally permitted to hire replacements to continue operations during a work stoppage.
The distinction between an “economic strike” and an “unfair labor practice (ULP) strike” is the most significant factor determining the fate of striking workers. An economic strike seeks better wages or working conditions, while a ULP strike is caused or prolonged by an employer’s illegal actions, such as refusing to bargain in good faith. The NLRA permits employers to permanently replace workers engaged in an economic strike, a principle established by Supreme Court precedent.
Strikers in an economic dispute who are permanently replaced are not entitled to immediate reinstatement when the strike ends, even if they make an unconditional offer to return to work. Instead, they must be placed on a preferential hiring list and offered a job when a vacancy arises. In contrast, workers engaged in a ULP strike cannot be permanently replaced and are entitled to immediate reinstatement to their former positions, displacing any replacements. This difference means the right to hire permanent replacements serves as a powerful deterrent to economic strikes, shifting the economic risk onto the striking workers.
Consequences for Workers Who Cross the Picket Line
Workers who cross the picket line face consequences primarily related to union discipline and job security. For full union members, the union has the right to impose penalties for violating its bylaws. This discipline can include substantial financial fines, sometimes calculated as a percentage of the wages earned during the strike.
Union members who cross the line may also face internal sanctions like suspension or expulsion. However, a union can only fine a member who has not formally resigned before crossing the picket line. Replacement workers, including those hired permanently, risk displacement if the strike is reclassified as a ULP strike or if the union and employer negotiate a full reinstatement agreement for striking workers.