Usually, however, a strike is legal if workers use it to exert economic pressure on their employer to improve employment conditions. A strike is illegal if it is directed against a person other than the employer or if it is used for other purposes. Federal law prohibits most boycotts or pickets directed against a party that is not involved in the main dispute. These tactics are called secondary boycotts or secondary picket lines and are strictly limited so that companies that are innocent bystanders are not victims of a labor dispute that they cannot resolve. 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 real situations that may arise in relation to strikes would be beyond the scope of this document. Workers and employers who expect to participate in strikes should proceed with caution and on the basis of competent advice. On reading these two provisions, it follows 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). Jurisdictional strikes occur most often in the United States in the construction industry. The right to strike may also be restricted by agreements that employees have entered into with the employer to arbitrate disputes for a specified period of time before going on strike. Illegal strikes due to timing – effects of the non-strike contract.
A strike that violates a non-striking provision of a contract is not protected by law, and striking workers may be dismissed or otherwise sanctioned unless the strike is called upon to protest certain types of unfair labour practices of the employer. It should be noted that not all refusals to work are considered strikes and therefore violations of the provisions of the prohibition of strikes. A walkout due to exceptionally dangerous health conditions, such as a faulty ventilation system in a spray paint shop, was considered a violation of a provision prohibiting strike action. 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 industrial strikes and economic strikes. The following strikes are legal under Section 7 of the National Labor Relations Act (NLRA): In addition to NLRA-protected strikes, many states have also enacted strike laws, so it is imperative to refer to your own state laws as well as federal law. In the case of economic strikes, however, the employer is not obliged to resume the strikers immediately after the resolution of the dispute. Economic strikers are still classified as employees and are entitled to reinstatement in the event of vacancies, but the employer does not have to re-employ an employee who has found a job of substantial value elsewhere or who has given the employer a legitimate and substantial reason not to re-employ that worker. The hiring of permanent workers has become an important weapon of management against economic strikes, giving the employer the opportunity to hire non-unionized labor and threaten the local union with destruction. U.S. unions failed to persuade Congress to amend the national labor relations law to allow economic strikers to immediately return to their jobs.
An employee`s right to strike is an essential part of the right to organize, but not without restrictions. Some strikes are considered protected activities under the National Labour Relations Act (NLRA), but not all strikes are protected. The main types of strikes covered by the NLRA are: Workers lose their right to keep their jobs if their strike is illegal. For example, public servants are generally prohibited from striking. If they do, they risk being fired. In 1981, President RONALD REAGAN responded to an illegal strike by federal air traffic controllers by laying off more than ten thousand employees. In other countries, jurisdictional strikes are often referred to as demarcation disputes. In addition, section 8(b)(4) of the Act prohibits strikes for certain objects, although objects are not necessarily illegal if they are reached by other means.
An example of this would be a strike to force Employer A to stop doing business with Employer B. It is not illegal for Employer A to voluntarily stop doing business with Employer B, nor is it for a union to simply ask employer to do so. However, it is illegal for the union to strike to force the employer to do so. These points 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 not have the right to reinstatement. 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 object 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, leading to issues of reinstatement and additional remuneration.
Nothing expressly provided in this Act, except as expressly provided therein, shall be construed as infringing or impeding or diminishing in any way the right to strike or affecting the limitations or limitations thereof. For more information about the NLRA, visit the National Labour Relations Board website. Article 7 of the National Labour Relations Act states in part: “Workers have the right. participate in other concerted activities for the purpose of collective bargaining or other forms of mutual assistance or protection. Strikes are part of the concerted activities protected by this section for workers. Article 13 also concerns the right to strike. It reads: If employees go on strike, the employer can continue to run the business and hire replacement workers. Once a strike has been settled in an unfair labor practice, strikers must be reinstated as soon as they unconditionally offer to return to work, even if replacement workers must be dismissed. The same – strikes at the end of the contract period.
Paragraph 8(d) states that a party wishing to terminate or amend an existing contract must meet certain conditions. If these conditions are not met, a strike to terminate a contract or amend a contract is illegal and the participating strikers lose their status as employees of the employer involved in the industrial action. However, if the strike was caused by the employer`s unfair labour practices, the strikers will be classified as unfair labour practices strikers and their status will not be affected by failure to comply with the necessary procedure. Illegal strikes for reasons. A strike may be illegal because an object or purpose of the strike is illegal. A strike in support of an unfair union practice or that would cause an employer to commit an unfair labour practice may be a strike for an illegal purpose. For example, it is an unfair labour practice when an employer dismisses an employee because he or she has not made certain legal payments to the union when no union security agreement is in effect (section 8(a)(3)). A strike to force an employer to do so would be a strike for an illegal object and therefore an illegal strike. Strikes of this type will be discussed in the context of the various unfair labour practices in a later section of this guide. Section 8 (b) (4) (D) of the Act prohibits certain trade union practices the purpose of which is to “force or compel each employer to subcontract certain work to employees of a particular work organization. rather than workers in another work organization” (unless the union attempts to force the employer to award the work in accordance with a resolution or certification of the board).
Paragraph 10(k) of the Act provides that “[if a person is accused of having committed an unfair labour practice within the meaning of [paragraph 8(b)(4)(D],the Board is authorized and responsible for hearing and resolving the dispute that gave rise to such an unfair labour practice, unless, within ten days after notification, that such an accusation has been made, the parties to the dispute shall provide the Commission with satisfactory evidence that they have adapted or accepted the methods of voluntary settlement of the dispute.