Legal Definitions - offensive lockout

An offensive lockout is a tactic used by management during a labor dispute to gain an advantage over a union. It involves the employer withholding work and closing the business to put economic pressure on workers. This is done to force the union to agree to the employer's terms.

Before 1965, there was a legal distinction between offensive and defensive lockouts. A defensive lockout was called to prevent imminent and irreparable financial harm to the company or to protect a legal right. However, the U.S. Supreme Court abolished this distinction in favor of a balancing test.

For example, if a union is negotiating a new contract with an employer, and the employer decides to lockout the workers to force them to accept their terms, this would be considered an offensive lockout.

It is important to note that offensive lockouts are illegal and can lead to legal action against the employer.