These strikers deserve to be disciplined, but termination may not be the best way to go.
This whole mess started because of one Jairo Reyes, an employee and union activist who was fired because of a dispute over his work hours. Instead of using the negotiated grievance procedure to resolve the matter the local union leader told the company to shove it and called for a work stoppage.
"There was a grievance meeting being held related to discharge of employee. The local union leader chose to go outside dispute resolution procedure by inviting employees to walk out." According to Gaut, 250 out of 1400 employees followed him, and were warned they were overstepping the boundaries of their contracts before leaving the building.”
UPS To Fire 250 Queens Workers For Protesting One Employee's Dismissal: Gothamist
Although Reyes was fired, he had the absolute right to appeal the employer’s action. During my long life I have served as a union organizer, a union officer and an attorney representing unions and their members. I have negotiated union contracts and have never heard of a labor agreement that did not have a provisions which essentially said, “No employee shall be terminated or disciplined without just cause.” Most agreements also include a provision that effectively says, “All disciplinary actions shall be reasonable, just and equitable.” Reyes could have challenged his removal through the negotiated grievance/arbitration procedure and if the company failed to justify the termination Reyes would have been rehired with full back pay (sometimes, when the employee is not completely innocent, the removal is reduced to a lesser offense such as a suspension). Additionally, if his termination was because of his union activities Reyes could appeal to the National Labor Relations Board which has the authority to order his reinstatement with full back pay.
If the union truly believed the man was innocent of the company's allegations, they could have given him financial assistance while he was going through the proper appeals procedure. The union would have been reimbursed when Reyes got his back pay.
Here's the problem: If the union has the right to walk out whenever an employee is disciplined, the company won't be able to fire anyone for any reason and that is utter insanity. The negotiated grievance procedure allows an employee to challenge the employer's action, and to have his case heard before an impartial arbitrator. This is the route the union should have taken.
There is no doubt the employees violated the labor agreement; however, a termination is the industrial equivalent of the death penalty and should be used judiciously for the benefit of both the employer and the employee. If I were the CEO of the company, I would offer each employee who knowingly and willfully participated in the work stoppage a chance to resolve their termination with a short suspension – perhaps a few days or a week without pay. I would include a warning that the next time they would be terminated for such outrageous conduct regardless of their seniority. If they didn't accept my offer I would do my best to get rid of them permanently. But even if every striker accepted my offer I would not cut Reyes any slack because that would send the union a message that the company caved in because of their bullying. I would let Reyes go through the negotiated grievance procedure and leave his fate up to an arbitrator.
But that is only my humble opinion.