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Lockout (industry)

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A lockout is a work stoppage or denial of employment initiated by the management of a company during a labor dispute . In contrast to a strike , in which employees refuse to work, a lockout is initiated by employers or industry owners.

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42-406: Lockouts are usually implemented by simply refusing to admit employees onto company premises, and may include changing locks or hiring security guards for the premises. Other implementations include a fine for showing up, or a simple refusal of clocking in on the time clock . For these reasons, lockouts are referred to as the antithesis of strikes. Lockouts are common in major league sports . In

84-661: A 50% stake in Virgin Blue . It took control of the airline in March 2005, ultimately having a 63% shareholding. In August 2005, Toll Holdings launched a hostile takeover bid for Patrick Corporation. In January 2006, the Australian Competition & Consumer Commission (ACCC) announced it would not allow that Toll to takeover Patrick Corporation. However, in March 2006, after the ACCC announced it would allow

126-422: A certain department. Fine (penalty) A fine or mulct (the latter synonym typically used in civil law ) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other offense . The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for

168-498: A conviction. In section 32 of that Act, the expression "fine" includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation. In sections 15 to 32 and 48 of the Criminal Law Act 1977 , the expression "fine" includes any pecuniary penalty. In England, there is now a system whereby the court gives the offender a 'fine card', which is somewhat like a credit card ; at any shop that has

210-546: A fine, which, under the Bill of Rights 1689 , may be levied only following a conviction, it serves the same purpose of punishment. Early examples of fines include the weregild or blood money payable under Anglo-Saxon common law for causing a death. The murderer would be expected to pay a sum of money or goods dependent on the victim's social status. The Dutch Criminal Code (Dutch: Wetboek van Strafrecht (WvSr)) doesn't contain specific amounts for fines for every violation of

252-418: A lockout. In a strike, unless it is an unfair labor practice strike, an employer may legally hire permanent replacements. Also, in many US states , employees who are locked out are eligible to receive unemployment benefits , but they are not eligible for such benefits during a strike. For the above reasons, many American employers have historically been reluctant to impose lockouts and instead try to provoke

294-402: A negative spiral because traffic offenders hoped and expected their case to be withdrawn and not pay the plea bargain fine. This led to growing pressure on the capacity of the courts, which caused more sepots (decisions not to prosecute). This encouraged more offenders not to pay, etc. To stop this spiral, the secretary general of the justice department (at that time), Dr. Albert Mulder, designed

336-496: A new law enforcement system. Under this new system, the government acquired the right of summary foreclosure. The summary foreclosure means that the CJIB can execute the fine directly unless the fined subject goes to appeal. The Administrative Enforcement of Traffic Rules Act (Dutch: Wet administratiefrechtelijke handhaving verkeersvoorschriften (WAHV)) regulates the system regarding frequently committed traffic violations. According to

378-404: A paying-in machine, he pays the value of the fine to the shop, which then uses the fine card to pass that money on to the court's bank account . A related concept is the fixed penalty notice , a pecuniary penalty for some minor crimes that can be either accepted (instead of prosecution, thus saving time and paperwork) or taken to court for regular proceedings for that crime. While technically not

420-672: A small wage increase as compensation. The term lock-in refers to the practice of physically preventing workers from leaving a workplace. In most jurisdictions, it is illegal, but it is occasionally reported, especially in some developing countries. Lock-ins should not be confused with a sitdown strike , like the Flint sit-down strike between the United Automobile Workers and General Motors Corporation . More recently, lock-ins have been carried out by employees against management, which have been labeled ' bossnapping ' by

462-437: A sort of plea bargain. This mostly contains a fine. If the suspect didn't pay the fine of this plea bargain, the public prosecutor had to open a criminal case. Otherwise, he wasn't authorized to collect the penalty through force. The case had to be withdrawn when the capacity of the courts or the prosecutor's office didn't allow the start of a criminal case for a traffic violation. This was the case very often. This situation led to

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504-577: A strike. However, as American unions have increasingly begun to resort to slowdowns rather than strikes, lockouts have become a more common tactic of many employers. Even as strikes are on the decline, lockouts are on the rise in the US. In 1892, after several wage cuts and disputes with the employers at the Homestead Steel Mill in Homestead, Pennsylvania , the union called for a strike after

546-410: A subject has been fined by an officer or photographed by a speed camera, he will receive a decision within four months. This decision will contain a short description of the violation, the place and time the violation was committed and the sum of the fine. The subject will have two choices now. He can pay the fine, or he can go into appeal. In contrast to the court-imposed fine, when the subject has paid

588-497: Is a fine that, above a minimum, is based on personal income (similar to progressive taxation ), as opposed to a fine of a fixed amount. Day-fines are often implemented to alleviate some of the burden on people experiencing poverty, who might otherwise have issues paying/affording some fines. Some fines are small, such as for loitering , for which fines (in the United States ) range from about $ 25 to $ 100. In some areas of

630-658: Is an Australian seaport operator with operations in Brisbane , Fremantle , Melbourne and Sydney . Formerly listed on the Australian Securities Exchange , it is owned by Brookfield Asset Management and Qube Holdings . Patrick Steamship Co was founded in 1919 by James Patrick . It operated a shipping service with the SS Timaru out of Sydney along the East Coast of Australia. By 1925 it

672-697: The 1998–99 and 2011–12 seasons , the National Hockey League in the 1994–95 , 2004–05 and 2012–13 seasons, and the National Football League in the 2011 offseason . The controversial 2012 NFL referee lockout involved referees, not players. In 2005, the NHL became the first major professional sports league in North America to cancel an entire season due to a lockout. In September 2016, Long Island University became

714-613: The BBC on TV and wire-service feeds on radio. The lock-out ended on October 11, 2005. On 2 April 2013, the Danish Union of Teachers ( Danish : Danmarks Lærerforening ) and the National Union of Municipalities ( Danish : Kommunernes Landsforening ) declared a lockout for more than 60,000 primary school teachers across the country. Over 600,000 students were also affected by the lockout and could not go to school. The dispute

756-418: The judge or magistrate considers a large amount of retribution is necessary, but there is unlikely to be a significant danger to the public. For instance, fraud is often punished by substantial fines since fraudsters are typically banned from the position or profession they abused to commit their crimes. Fines can also be used as a form of tax . Money for bail may be applied toward a fine. A day-fine

798-627: The United States (for example California , New York , Texas , and Washington D.C. ), fines for petty crimes, such as criminal mischief (shouting in public places, projecting an object at a police car) range from $ 2,500 to $ 5,000. In the Magistrates' Courts Act 1980 , unless the context otherwise requires, the expression "fine", except for any enactment imposing a limit on the amount of any fine, includes any pecuniary penalty or pecuniary forfeiture or pecuniary compensation payable under

840-489: The United States and Canada, the National Football League , Major League Baseball , the National Basketball Association , and the National Hockey League have all experienced lockouts. A lockout is generally an attempt to enforce specific terms of employment upon a group of employees during a dispute. It is often used to force unionized workers to accept new conditions, such as lower wages. If

882-456: The WAHV, the maximum sum of the administrative fine is the same as the maximum amount of the first category (Art. 2 section 3 WvSr Criminal Code). The exact fine per violation is determined by an annex of the WAHV. In addition to the fine, the fined subject will also have to pay €9 administration costs as well. The amount of the administration costs will also be determined by the minister. Once

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924-528: The amount of the first category. In addition to the fine, the convict also has to pay an administration fee of €9. The amounts are established by the government, via a royal order. When the judge convicts an individual to a fine, the judge must also set a term of substitute imprisonment. This substitute imprisonment will be executed in the case that the fine remains unpaid. The judge may count one-day imprisonment for every unpaid €25, however usually judges reckon one day for every €50 which stays unpaid. However,

966-416: The commission of crimes, especially minor crimes, or as the settlement of a claim . One typical example of a fine is money paid for violations of traffic laws. In English common law , relatively small fines are used either in place of or alongside community service orders for low-level criminal offences. More considerable fines are also given independently or alongside shorter prison sentences when

1008-705: The company had fired its entire workforce on the docks in Australia, and replaced them with a non-unionised workforce that had been trained in Dubai, resulting in controversy and picketing. In 2000 Patrick Corporation took over Holyman . In February 2002, in partnership with Toll Holdings , it acquired a 50% shareholding in Pacific National that purchased FreightCorp and the National Rail Corporation . In March 2002, Patrick acquired

1050-416: The company stopped discussing its decisions with the union. Henry Clay Frick shut down the plant and locked out all workers, preventing them from entering the mill. Recent notable lockout incidents have been reported in professional sports, notably involving Major League Baseball in the 1990 and 2021–22 offseasons, the National Basketball Association in the 1995 offseason , the 1996 offseason , and

1092-409: The convict the fine. If the convict pays the penalty, the case is closed (by paying, the convict loses the right to go into appeal as well); if they do not, the case will be continued. The CJIB will then send the convict a reminder, though this reminder will contain an increment of €15. If this doesn't lead to the payment of the fine, the CJIB will send another reminder, now with a raise of 20%, however,

1134-433: The earlier written substitute imprisonment. The length of the imprisonment will be percentage-wise reduced if the convict has paid a sum but not the entire fine amount. After the substitute imprisonment the convict will be a free man again. He also won't have to pay the fine anymore, and the case will be closed. Before 1 September 1990, all traffic violations were punished via the criminal law. The suspects were first offered

1176-530: The face of ongoing union industrial action . That cancelled all flights, grounding the entire fleet for several days. On August 15, 2005, 5,500 employees of the Canadian Broadcasting Corporation , a Canadian public broadcaster were locked out by CEO Robert Rabinovitch in a dispute over future hiring practices. While services continued during the lock-out, programming consisted mainly of repeats, with news coverage being provided by

1218-399: The fine, he will keep the right to go into appeal. The subject can go into appeal within six weeks. In the first instance, the subject appeals to the public prosecutor. The prosecutor shall withdraw the fine completely when he thinks the appellant has right. He will lower the fine sum if he thinks the suspect is partially correct. If the prosecutor believes the suspect is wrong, he will uphold

1260-410: The fine. The suspect does not have to pay the fine as long as the prosecutor has not decided on the appeal yet. Once the prosecutor has decided, the suspect will again have two choices. He can pay, or he goes into appeal at the sub-district judge of his arrondissement (or the arrondissement of the place where the disputed violation was committed). But now, the suspect has to pay the fine as a surety. If

1302-406: The first institution of higher education to use a lockout against its faculty members. On 8 April, 1998, stevedoring company Patrick Corporation sought to restructure its operations for productivity reasons. In an industrial watershed event , it sacked all its workers and imposed a lockout on wharves around Australia. On 29 October 2011, Qantas declared a lockout of all domestic employees in

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1344-498: The last time. He does that at the court of appeal of Arnhem-Leeuwarden in Leeuwarden. This appeal will be in writing, unless the appellant, per se, wants to do it orally. If the fine is lower than €70, or the appellant's appeal is rejected in Leeuwarden, there will be no legal remedies anymore and the case will be closed. The appellant's surety will be transformed into a fine. Patrick Corporation Patrick Corporation

1386-463: The law. Instead of that, the Criminal Code provides six fine categories. Every penalty clause of the Criminal Code contains a fine category. The categories are: These sums are only an upper limit, it's up to the judge or the prosecutor to determine the exact sum of the fine. However, the amount of the fine must be at least €3. The sums of categories are always 1, 10, 20, 50, 200 and 2000 times

1428-570: The mainstream media. In France during March 2009, 3M 's national manager was locked in his office for 24 hours by employees in a dispute over redundancies. The following month, union employees of a call center managed by Synovate in Auckland locked the front doors of the office, in response to management locking them out. Such practices bear some resemblance to the gherao in India. It is also caused by disagreement between employer and employees in

1470-406: The raise must be at least €30. When the fine continues to be unpaid, the CJIB will instruct a bailiff to collect the penalty nonetheless. This bailiff may, for example, seize the convict's income and sell his possessions. If these measures do not result in the full fine collection, the bailiff will return the case to the prosecutor. The prosecutor will order the police to arrest the convict to execute

1512-403: The substitute imprisonment must be at least one day (even though the fine was €3) and cannot exceed one year (even though the penalty was €100,000). Once a person is irrevocably convicted of a fine, it's up to the public prosecutor to collect the fine. To do so, the cjib (centraal justiteel incassobureau (English: central judicial collection agency)) is established. First, the CJIB will send

1554-411: The suspect doesn't pay the surety, the judge will declare him inadmissible (thus the fine will be upheld). The judge will have the same choices as the prosecutor. He can withdraw the fine, lower the fine, or uphold the fine. If the (remaining) fine is higher than €70 and the suspect or/nor the prosecutor disagrees with the sub-district judge's verdict, the suspect or the prosecutor can go into appeal for

1596-515: The takeover after Toll gave further undertakings including disposing of its 50% shareholding in Pacific National. In April 2006, Patrick Corporation agreed to accept Toll's revised bid for the company after spending nine months fighting the hostile takeover. Having gained a 90% shareholding in May 2006, Toll was able to compulsorily purchase the remaining shares and delist the company from

1638-476: The union is asking for higher wages, better benefits, or maintaining benefits, a manager may use the threat of a lockout – or an actual lockout – to convince the union to relent. Far from all labour disputes involve lockouts (or strikes), but lockouts have been used on a large scale around the world during and after industrialization. Some of the lockout incidents are historically significant. The Dublin Lockout

1680-461: Was a major industrial dispute between 20,000 workers and 300 employers in Dublin . The dispute lasted from 26 August 1913 to 18 January 1914, and is often viewed as the most severe and significant industrial dispute in the history of Ireland . Central to the dispute was the right to unionize . In the United States , under federal labor law , an employer may hire only temporary replacements during

1722-494: Was about whether teachers should have extra working time, as the Local Government Association (KL) wanted. The Danish Union of Teachers (DFL) was against it and could not find a solution. After 24 days of being locked out, the teachers lost the labour dispute on 25 April 2013, with a government intervention to end the lockout. The government chose to apply all of KL's main demands, and the teachers received

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1764-472: Was operating as both a shipping line and stevedore , gradually expanding interstate. The shipping operations were sold to Howard Smith Limited . Patrick was one of the main parties in the 1998 Australian waterfront dispute . In Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia , Patrick was found to have illegally dismissed its workforce. After a corporate restructure, in Apr. 1998,

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