• Defensive lockouts were legal, but the U.S. Supreme Court abolished the distinction between defensive and offensive lockouts in favor of a balancing test. American Ship Bldg. Co. v. NLRB, 380 U.S. 300, 85 S.Ct. 955 (1965).
defensive lockout
A lockout that is called to prevent imminent and irreparable financial harm to the company or to protect a legal right.