Illegal Strike

Illegal Strike Labor Law Union Activities Public Sector Strikes Unauthorized Strike Court Orders
An illegal strike is a work stoppage or strike action that violates the law. Most public-sector strikes are illegal, along with those that violate an existing labor contract, are not properly authorized by union membership, or contravene a court order.
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Definition

An illegal strike refers to a work stoppage or strike action that is forbidden under labor laws or specific regulations. It often occurs when the strike violates existing labor contracts, is not properly sanctioned by the union, or disregards judicial mandates.

Examples

  1. Public-Sector Strikes: Many government employees in various jurisdictions are prohibited from striking. For instance, strikes by police officers or firefighters are often illegal.
  2. Contract Violations: A strike conducted by the workforce while a binding labor contract is active is generally considered illegal.
  3. Unauthorized Strikes: Strike actions taken without proper union authorization can also be illegal. This includes wildcat strikes, where workers strike against the directives of their union leadership.
  4. Court Order Violations: Strikes that continue despite a court injunction or legal mandate to return to work.

Frequently Asked Questions

1. What makes a strike illegal?

A strike is deemed illegal if it violates labor laws, an active collective bargaining agreement, lacks union authorization, or defies a court order.

2. Are all public-sector strikes illegal?

Most public-sector strikes are illegal, but this can vary depending on the legal framework of the jurisdiction and the specific sector involved.

3. What is a wildcat strike?

A wildcat strike refers to a work stoppage initiated by workers without the approval of union leadership, often considered illegal due to lack of lawful authorization.

4. Can workers be penalized for participating in an illegal strike?

Yes, workers who participate in an illegal strike can face disciplinary actions, which may include fines, dismissal, or legal repercussions.

To ensure a strike is legal, a union must follow all legal requirements, including proper authorization from the membership, compliance with existing contracts, and adherence to labor laws and any judicial orders.

  • Strike: A collective, organized cessation of work by employees in order to pressure the employer to meet their demands.
  • Collective Bargaining Agreement (CBA): A written contract between an employer and a union representing employees, stipulating the terms of employment.
  • Wildcat Strike: An unauthorized strike initiated by employees without union approval.
  • Injunction: A judicial order that restrains specific actions, including strikes, which can render a strike illegal if ignored.
  • Picketing: Gathering outside a workplace to protest during a strike. Unauthorized picketing can be considered illegal.

Online References

  1. National Labor Relations Board
  2. U.S. Department of Labor
  3. Legal Information Institute (Cornell Law School)
  4. American Bar Association (ABA) Labor and Employment Law Section

Suggested Books for Further Studies

  1. “Labor Law in America: Historical and Critical Essays” by Chris L. Tomlins and Andrew J. King
  2. “The Oxford Handbook of Industrial Relations” edited by Peter Ackers and Adrian Wilkinson
  3. “Labor Law: Cases, Materials and Problems” by Michael C. Harper, Samuel Estreicher, and Kati Griffith
  4. “Strike! The Radical Insurrections of Ellen ‘Knocker Jim’” by Kim Moody
  5. “Restoring the Power of Unions: It Takes a Movement” by Julius G. Getman
Wednesday, August 7, 2024
Illiquid
Illegal Income
Taft-Hartley Act January 1, 1

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