Striking was considered the most powerful tool in collective bargaining, so it was given special emphasis in the NLRA. Government employees — state, local, and federal — do not have a right to strike under the federal law. That said, eight states allow most government employees to strike. Illinois and California, for example, allow teachers to strike.
Translation: All of them could involve employees organizing to improve their working conditions. There are two main types of legal strikes: One is called an economic strike, when workers are bargaining for better pay and benefits. The other one is called an unfair labor practices strike, in which employees stop working because their employer violated labor laws.
For example, employees may refuse to return to work because the company fired two union leaders for encouraging workers to join the union.
Workers can file a complaint with the National Labor Relations Board, which enforces the NRLA, and they would likely force the company to rehire the fired workers. No, but a company can permanently replace a striking worker by hiring someone else.
The Supreme Court has ruled that companies have a right to hire replacements to keep the business running during the strike. And even when the strike is over, replacement employees have a right to keep their job. All that an employer has to do is guarantee that a striking worker will get first dibs on any job that opens up in the following year.
However, employers have been hesitant to hire replacement workers during the wave of labor strikes in recent years. There are two main reasons: For one, unions generally negotiate the terms to end a strike, and the conditions always include the promise to let workers who walked out return to their jobs.
Another reason is that workers are often hard to replace. Take the example of the GM strike: Not just anyone knows how to assemble a Chevy pickup truck. But companies can punish workers in other ways. In a drastic move, GM decided to cut off striking employees from their health insurance. But that just made workers angrier. GM took my sons health insurance from him so he joined Dad on the line this evening.
Medicare4All pic. There are exceptions to everything. A sit-in strike is not protected under federal law. OK My Bookmarks. Please confirm that you want to proceed with deleting bookmark.
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OK Join. An error has occurred. From Email. To Email. It is, however, unlawful for the union to strike with an object of forcing the employer to do so. These points will be covered in more detail in the explanation of Section 8 b 4. In any event, employees who participate in an unlawful strike may be discharged and are not entitled to reinstatement.
Strikes unlawful because of timing —Effect of no-strike contract. A strike that violates a no-strike provision of a contract is not protected by the Act, and the striking employees can be discharged or otherwise disciplined, unless the strike is called to protest certain kinds of unfair labor practices committed by the employer. It should be noted that not all refusals to work are considered strikes and thus violations of no-strike provisions.
A walkout because of conditions abnormally dangerous to health, such as a defective ventilation system in a spray-painting shop, has been held not to violate a no-strike provision. Same—Strikes at end of contract period. Section 8 d provides that when either party desires to terminate or change an existing contract, it must comply with certain conditions. If these requirements are not met, a strike to terminate or change a contract is unlawful and participating strikers lose their status as employees of the employer engaged in the labor dispute.
If the strike was caused by the unfair labor practice of the employer, however, the strikers are classified as unfair labor practice strikers and their status is not affected by failure to follow the required procedure.
Strikes unlawful because of misconduct of strikers. Strikers who engage in serious misconduct in the course of a strike may be refused reinstatement to their former jobs.
This applies to both economic strikers and unfair labor practice strikers. Serious misconduct has been held to include, among other things, violence and threats of violence. The U. Examples of serious misconduct that could cause the employees involved to lose their right to reinstatement are:. Breadcrumb Home. National Labor Relations Board.
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