If you're being threatened of being fired for even negotiating ("striking"), would you continue to "negotiate"? Might be that they don't agree they have it better than elsewhere, but the alternative is being fired, so they'll just be fine with the situation as-is.
Threats are negotiation. The union threatened to strike. The company let the union know what their response would be.
Question is, what "participating" actually refers to. One could make the case that striking is just a part of normal participation in the union, while one could also make the opposite case of course. In the end, seems it'd be up to the courts to decide.
That means that all other unions will refuse to work with that company, and this goes for both suppliers and customers of the blockaded company. No more transportation services, buying parts, getting service people to show up when your equipment is broken, delivering your goods to customers, etc.
So, being blockaded is a risk which should be known going in.
https://www.nlrb.gov/about-nlrb/rights-we-protect/the-law/em....
Fun fact: managers have their own union in Sweden as well! ("ledarna", literal translation: "leaders") And as the other commentator mentioned, you'd most probably lose your position as the company if you participate in bullying, and if your union finds out, you'll most likely get kicked out of the union as well.
But the employer can then still refuse to take the employee back. In that case the employer owes the employee 6-32 months pay in damages, and the employment contract becomes legally terminated.
Source: The Swedish law on employment protection, paragraph 39:
"Where an employer refuses to comply with a judgement by which a court has annulled a dismissal or redundancy or has declared a fixed-term contract to be of indefinite duration, the employment relationship shall be deemed to have been terminated. The employer shall pay damages to the employee for his refusal in accordance with the following provisions."
Firing people for striking is legal in Sweden if the strike is too long, the reason the strike failed is that the workers didn't care enough not that the employer did something bad. If Tesla want to operate in Sweden without support from the unions they are allowed to do so, but that will hurt them a lot as well, not many companies choose to fight with the unions.
> The strike at Tesla's Swedish operations continues. According to the union, several employees have been threatened by the company if they go on strike. There have also been reports of strikebreaking.
> "We have members who confirm this. Tesla managers have threatened layoffs. They have also threatened to withdraw the option program that Tesla has, where you get shares for a certain number of years," says IF Metall's contract secretary Veli-Pekka Säikkälä.
https://www.svt.se/nyheter/lokalt/orebro/facket-strejkande-p...
If the report is true, no wonder people still continue going to work like nothing is happening.
Also, there is a lot of conflicted reporting on the whole Tesla vs Unions in Sweden story, not sure what sources one could trust or not.