Legal Requirements for Strikes
But all of the work stoppages have raised the question of what exactly counts as a strike and what the consequences are. Is it the same as a strike? Is it even legal? As a general rule, workers cannot be dismissed because they are on strike. The NLRA protects workers` right to strike and prohibits employers from firing workers for exercising that right. However, the law only protects legal strikes. In addition, section 8 (b) (4) of the Act prohibits striking for certain objects, although the objectives are not necessarily unlawful if they are achieved by other means. An example of this would be a strike to force Employer A to cease operations with Employer B. It is not illegal for Employer A to voluntarily cease operations with Employer B, nor is it illegal for a union to simply require it. However, it is illegal for the union to strike to force the employer to do so. These issues are discussed in more detail in the Explanatory Note to section 8 (b) (4). In any case, workers who participate in an illegal strike may be dismissed and are not entitled to reinstatement.
“It`s a legal distinction with very little practical significance,” James Brudney, Joseph Crowley Chair in Labour Law at Fordham University, told me. Most employers insist that unions accept no-strike clauses that stipulate that workers do not strike for the duration of an employment contract. These types of provisions essentially prohibit all strikes during the term of the contract, except those resulting from exceptionally dangerous working conditions. There is no strike clause that makes “wildcat strikes” – strikes sanctioned by the unions – illegal. Of course, workers are free to strike again after the contract expires. The following strikes are legal under Section 7 of the National Labor Relations Act (NLRA): In addition to strikes protected by the NLRA, many states have also enacted strike laws, so it is imperative to refer to your own state laws as well as federal laws. It should be noted that the following is only a brief overview. A detailed analysis of the right to strike and the application of the law to all factual situations that may arise in relation to strikes would be beyond the scope of these documents. Workers and employers expecting to participate in a strike should be counselled carefully and competently.
It is clear from reading these two provisions that the law not only guarantees the right of workers to strike, but also restricts and restricts the exercise of this right. See, for example, restrictions on strikes in health facilities (see below). For the purposes of this section, an employee who is absent from any part of a work assignment without authorization or who, on the day of a strike not authorized under this section, refrains in whole or in part from fully exercising his duties without the authorization of the employer. Union members lose protection if they participate in strikes that are considered illegal under the NLRA (e.g., sit-down strikes, strikes that endanger employer property, strikes during the cooling-off period, or strikes to force acceptance of feather bed practices). The right to strike may also be restricted by agreements between workers and the employer to submit disputes to arbitration for a period of time before starting to strike. Paragraph 9(Ab) does not require a public employer to file a strike petition with the CERB to implement emergency measures to protect public services threatened by unlawful employment measures. As long as a public employer acts in good faith, it can take emergency measures to protect essential public services when those services are threatened, including worker lockouts, until the employer determines that it can safely operate its facilities. However, an employer seeking administrative or judicial redress for an illegal stoppage of work must follow the procedures set out in section 9A (b).  Labour disputes involve several competing interests and can become complex. Unions often offer legal representation to workers, but there may be times when you need to seek independent advice from outside. For legal advice on strikes or labour disputes, please consult a local lawyer with experience in labour law.
The same applies – strike at the end of the contract period. Article 8(d) provides that if a party wishes to terminate or amend an existing agreement, it must comply with certain conditions. If these conditions are not met, a strike to terminate or modify a contract is illegal and the participating strikers lose their status as employees of the employer involved in the labour dispute. However, if the strike was caused by the employer`s unfair labour practices, the strikers are classified as unjust labour practices strikers and their status is not affected by the failure to follow the required procedure. An employer could easily dismiss workers for participating in illegal strikes. A worker`s right to strike is an essential element of the right to organize, but not absolutely. Some strikes are considered protected activities under the National Labor Relations Act (NLRA), but not all strikes are protected. The main types of strikes covered by the NLRA are: I spoke to four labor lawyers across the country to better understand what rights legal workers have to give up and leave their jobs — and what right a company has to answer to them. A strike occurs when workers collectively agree to stop work in order to receive a concession from an employer.
This usually happens after collective bargaining has failed and a majority of workers in the collective bargaining unit voted in favour of the strike. Strikes and pickets are protected activities under the National Labor Relations Act (NLRA) under certain conditions and to varying degrees. However, eight states allow most government employees to strike. Illinois and California, for example, allow teachers to strike. Nevertheless, it is illegal for police and firefighters to leave work in any state. The right of a unionized worker to be reinstated after the end of a strike depends on the nature of the strike and the underlying reason for the strike. Employers are allowed to hire replacement workers during unfair labour practices and economic strikes. Legally, there is really no difference.
All could fall under the “protected concerted activities” clause of the National Labour Relations Act. (Translation: All could include employees who organize to improve their working conditions.) It does not matter whether an employee belongs to a union or not. Created by FindLaw`s team of writers and legal writers| Last updated: 02 May 2017 There are two main types of legal strikes: one is called an economic strike, when workers negotiate better wages and benefits. That`s what GM workers are doing right now. Legal and illegal strikes. The legality of a strike may depend on the purpose or purpose of the strike, its timing or the behaviour of the strikers. The purpose or objects of a strike and the legality of the objects are questions that are not always easy to determine. These issues often have to be decided by the National Labour Relations Board. The consequences can be serious for strikers and striking employers, as they involve reinstatement problems and payment arrears. Some of the most notorious illegal strikes in recent years have been teachers` strikes. Because government employees are not covered by the NLRA, they are subject to state laws.
And in West Virginia, Kentucky and Oklahoma, it`s illegal for public school teachers to strike. It is common for employees and employers to disagree on basic terms and conditions of employment. But when a disagreement is important and discussions to resolve the problem fail, sometimes a labor strike occurs. Read on to find answers to some common questions about strikes. Typically, strikes arise from economic grievances or disagreements, including those over wages, hours of work, leave, wage increases, promotions, health benefits and pension benefits. Strikes can also result from allegations of unsafe working conditions or unfair labor practices that violate state or federal labor laws. However, employers have been reluctant to hire replacement workers during the wave of strikes in recent years. Strikes illegal due to timing – effect of strike ban agreement. A strike that violates a strike prohibition in a contract is not protected by law, and striking workers may be dismissed or otherwise punished, unless the strike is called to protest certain types of unfair labor practices by the employer.