Strikes

Definition

A strike is a work stoppage or refusal to work by employees as a form of protest or to demand better working conditions, wages, or other changes. Strikes are a key component of labor law and are used by workers to exert pressure on employers and advocate for their rights.

5 Must Know Facts For Your Next Test

1. Strikes are protected by the National Labor Relations Act (NLRA) as a fundamental right of workers to engage in concerted activities for their mutual aid and protection.
2. There are different types of strikes, including economic strikes, unfair labor practice strikes, and wildcat strikes, each with its own legal implications.
3. Employers are generally prohibited from permanently replacing workers who engage in a lawful strike, though they may hire temporary replacements during the strike.
4. The legality of a strike depends on factors such as the reason for the strike, the timing, and whether the proper procedures were followed, such as providing advance notice.
5. Strikes can have significant economic consequences for both employers and workers, and are often a key bargaining tool in labor negotiations.

Review Questions

• Explain the purpose and legal basis for strikes in the context of labor law.
  • Strikes are a fundamental right of workers under the National Labor Relations Act (NLRA) to engage in concerted activities for their mutual aid and protection. The purpose of strikes is to allow workers to exert pressure on employers and advocate for better wages, benefits, and working conditions. Strikes are a key component of the collective bargaining process and are protected by law as long as they are conducted in a lawful manner, such as providing advance notice and not engaging in violence or other unlawful activities.
• Describe the different types of strikes and their legal implications.
  • There are several types of strikes, each with its own legal implications. Economic strikes are those that are used to pressure employers on economic issues like wages and benefits. Unfair labor practice strikes are in response to an employer's violation of the NLRA, such as discrimination or retaliation against union members. Wildcat strikes are spontaneous, unauthorized work stoppages. The legality of a strike depends on factors such as the reason for the strike, the timing, and whether the proper procedures were followed, such as providing advance notice. Employers are generally prohibited from permanently replacing workers who engage in a lawful strike, though they may hire temporary replacements during the strike.
• Analyze the potential consequences of strikes for both employers and workers.
  • Strikes can have significant economic consequences for both employers and workers. For employers, a strike can lead to lost productivity, revenue, and potential damage to their reputation and customer relationships. Employers may also face increased costs to hire and train temporary replacement workers. For workers, a strike can result in lost wages and benefits, and potentially jeopardize their job security if the strike is deemed unlawful. However, strikes are also a crucial bargaining tool for workers to pressure employers and advocate for their rights. The potential consequences of a strike highlight the delicate balance between the rights of workers and the needs of employers, which is a central focus of labor law.

Related terms

Lockout: A lockout is an action taken by an employer to temporarily prevent employees from working in order to gain leverage in a labor dispute.

Collective Bargaining:

The process of negotiation between an employer and a group of employees to determine the conditions of employment, such as wages, hours, benefits, and other working conditions.

Union: An organization of workers formed to protect their rights and interests, such as negotiating better wages, benefits, and working conditions with employers.