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The case does not state whether or not this was the case.
2) the ten strike replacements will make that the agreement that ended the strike allowed for them to retain their positions. In particular, the company agreed to this, so the company cannot fire them. Their terminations do not appear to be legal. Their grievances, however, are not permitted, because the union never agreed to the stipulation that replacement workers would be admitted to the union. However, the union accepted their dues, which de facto shows that they were members of the union. Thus, the grievances will be permitted. This is the case that Ironsteel will make -- that these workers must argue their cases individually, not collectively.
The union will argue on behalf...
Those workers would be subject to normal rules regarding hiring and firing of workers. If there was no agreement that allows the company to arbitrarily fire those workers, then the company cannot. Their terminations were not legal. It is uncertain what sort of rebuttal the company might have here. There is little serious case that can be made with respect to these workers, since the company agreed that they would return to their previous positions with seniority. The company would need to find a way to make it convincing that these are layoffs. However, in light of the fact that a collective agreement was just reached, and that the employees just happen to be the highest-paid employees, that argument has little hope of success.
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