Presbyterian Senior Care v. UCBR - Commonwealth Court - May 23, 2006
http://www.courts.state.pa.us/OpPosting/CWealth/out/1621CD05_5-23-06.pdf
The court reversed a UCBR decision that a strike had become a lockout, noting (a) the absence of a "critical finding" that the union was willing to return to the status quo and (b) the union's failure to satisfy the "futility doctrine" -- that an offer by the union to return to work would definitely not have been accepted by management.
