Employees who strike to protest an unfair labor practice committed by their employer are called unfair labor practice strikers. They cannot be discharged or permanently replaced. When the strike ends, unfair labor practice strikers, absent serious misconduct on their part, are entitled to have their jobs back even if employees hired to do their work must be discharged. An economic striker can become an unfair labor practice striker during the course of an economic strike if the employer commits an unfair labor practice, such as failing to bargain in good faith.

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