A federal appeals court has upheld a National Labor Relations Board (NLRB) decision that permits companies to lock out employees who use “inside game” tactics.

Inside game tactics occur when employees slow the work pace, refuse to work any overtime, ask for minute instructions from supervisors, file mass charges with government agencies, call in sick, or otherwise impede or disrupt production, without actually going on strike.

In Local 702, IBEW v. NLRB, the court said the employer had a “legitimate and substantial business justification for the lockout.”

When unions engage in these damaging tactics, it is only fair that employers can respond with an economic weapon of their own according to the NLRB.