STRIKES! Functions of Strikes

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2 STRIKES! Functions of Provide information to both sides Persuade to modify or negotiate Influence bargainer-constituent relationships May force budget changes Change bargaining structure (e.g., number of contracts) Therapy for internal frustration

3 Union Preparations Steps to increase likely effectiveness of strike: Look for strike issue to combat worker apathy (may survey members) Possible strike authorization vote (seek high percent voting yes ; often used as tactic in bargaining process) Organize picketing and support, consistent with legal expectations Organize financial support (Mills, 1994)

4 Mills s Management Preparation Checklist Reactions of nonstriking employees Company inventory Customer distribution Potential customer loss Available volunteer salaried personnel Independent contractor availability Shipping and receiving status Garbage and refuse pick-up Monitoring and security (Mills, 1994)

5 Management Reactions Steps to operate during strike If leaky strike, use employees If short term, use management and supervisory personnel If long term, use replacements - if economic strike these can become permanent (Mills, 1994)

6 Types of Economic Unfair Labor Practice Wildcat Sympathy Sitdown Jurisdictional Recognitional

7 Types of Economic Called by union, after expiration of CBA, to support bargaining efforts. Legal in private sector with some exceptions. Not legal for many federal workers. States vary on whether legal for public employees. Also varies depending on the nature of affected jobs.

8 Types of Unfair Labor Practice Shortly before or when go out, union files unfair labor practice charge(s) with relevant state labor agency or NLRB regional office. If charge is ultimately dismissed, strike may revert to economic category. If charge upheld, strike remains in this category and actions become subject to findings (i.e., rulings) from NLRB ALJ (Administrative Law Judge), with appeals to NLRB ( the Board ), and federal courts. Another advantage is that when the strike ends, union members MUST get their jobs back AND permanent replacement workers may NOT be hired. Additionally, striking employees keep their right to vote in any decertification election, regardless of how long out on strike (p. 391)

9 Types of Wildcat Strike by a local (usually) that is not officially sanctioned or authorized by the national union. Typically occurs while a CBA is in force and therefore may violate a no strike clause in the contract Most often a result of bad management union relations at the local level, safety issues (e.g., coal mining), or local economic conditions. Employer options include suing the local (mixed success) or seeking a court injunction (given a no-strike clause or agreement to arbitrate conflicts while CBA is in effect). Employer may also ask union members to return to work and ask the national union s help Example

10 Types of Sympathy Work stoppage by one union s members in support of economic strike by another union on site (e.g., refusing to cross picket lines legal); common in construction trades. Actions of the unions cannot be purposefully coordinated. Example: If, however, the electricians explicitly sought the support of other unions to honor their picket lines, the resulting actions of these other union induced by the electricians would not be legal. It would be a secondary strike (or strikes), which if prohibited by section 8(b) (4) of the Taft-Hartley Act (LMRA). (p. 392)

11 Types of Sitdown - Illegal Seizing private property is illegal Slowdowns are legal in some settings. Slowdowns are sometimes referred to as working the contract. Sabotage of private equipment or facilities is illegal

12 Types of Jurisdictional - Illegal a strike by a union to have its members do work assigned by an employer to workers represented by another union or nonunion workers (p. 393). BUT not illegal if NLRB has certified the petitioning union as the exclusive bargaining agent for individuals in that site doing that type of work.

13 Types of Recognitional - Illegal action, usually dominated by picketing, by a union seeking to gain recognition and to bargain with an employer, when that employer recognizes and bargains with another union certified by NLRB as exclusive bargaining agent (p. 393).

14 Management Side Lockout Stoppage of work induced by management. May occur as result of perceived or anticipated impasse in negotiations Short-term strategy; many fixed costs for management may continue May backfire and increase union solidarity