Strike action Study Guide

📖 Core Concepts Strike – a work stoppage caused by mass refusal of employees to work. Primary causes – wages, working conditions, recognition, or political goals. General vs. specific – general strike involves most workers in a region; specific strikes target a single employer or issue. Legal right – guaranteed in international instruments (ICESCR 1967, European Social Charter 1961) but varies by country. Lockout – employer‑initiated denial of workplace access, the counterpart to a strike. No‑strike clause – contract provision banning strikes for its term; violation can strip protected status. 📌 Must Remember Economic strike → employer may hire permanent replacements; strikers regain jobs only when a vacancy opens. Unfair‑labor‑practice (ULP) strike → immediate reinstatement ordered by NLRB. National Labor Relations Act (US) protects private‑sector workers’ right to strike for wages/conditions. UK “official strike” → 12‑week protection from dismissal; only strikes called/endorsed by a union. Key types of strikes – General, Recognition, Jurisdictional, Rolling, Sit‑down, Wildcat, Sympathy, Green, Black, Hunger, Sickout (Blue/Red Flu), Overtime Ban, Work‑to‑Rule, Work‑In. 🔄 Key Processes Union initiates strike → issue demands → vote → announce strike date. Picket line set‑up → block entry of replacement workers, signal solidarity. Employer response – may (a) hire replacements, (b) increase security, (c) seek injunction, (d) lockout. Legal classification – determine if strike is economic or ULP → triggers different replacement/reinstatement rules. Resolution – negotiation, arbitration, or strike ends → workers return (with or without replacements). 🔍 Key Comparisons Economic strike vs. ULP strike Economic: employer can hire permanent replacements; no immediate reinstatement. ULP: NLRB can order immediate reinstatement; replacements are usually temporary. Wildcat strike vs. Official strike Wildcat: no union authorization, often illegal under no‑strike clauses. Official: authorized, may receive legal protection (e.g., UK official strike). General strike vs. Sympathy strike General: across many industries/regions, aims at state or broad pressure. Sympathy: limited support for another group’s strike; often restricted by no‑strike clauses. Sit‑down strike vs. Work‑in Sit‑down: occupy workplace, refuse to work, prevent replacements. Work‑in: occupy and keep working (often unpaid) to showcase self‑management. ⚠️ Common Misunderstandings “All strikes are illegal” – false; legality depends on jurisdiction, public‑employee status, and contract clauses. “Scabs are always illegal workers” – a scab simply crosses a picket line; hiring them may be lawful (e.g., US economic strikes). “A lockout is a strike by workers” – opposite; a lockout is employer‑initiated. “No‑strike clauses eliminate all strike rights” – they limit strikes during contract term; workers may still strike after contract expires or if illegal actions occur. 🧠 Mental Models / Intuition “Replacement risk ladder” – imagine a ladder: 1️⃣ Temporary replacements (short‑term) → 2️⃣ Permanent replacements (economic strike) → 3️⃣ No replacements (ULP strike). Knowing where the strike sits on the ladder predicts employer actions. “Picket barrier” – picture a doorway; if the picket line is strong, replacement workers can’t enter → pressure builds. 🚩 Exceptions & Edge Cases Public‑employee strikes in the US – many states ban them; federal law can enjoin strikes that threaten national emergencies. Railway Labor Act – restricts airline/railroad strikes; requires mediation before a strike can occur. Executive Order 10988 (1962) – federal employees may unionize but are prohibited from striking. No‑strike clause violation – can lead to loss of “protected concerted activity” status, exposing workers to dismissal. 📍 When to Use Which Choose “Economic strike” label when demands are about wages, benefits, or conditions → anticipate permanent replacements. Label a strike “ULP” when the employer is alleged to have broken labor law → prepare for NLRB involvement and immediate reinstatement. Deploy “Sit‑down” when workers want to prevent replacement entry while maintaining control of the plant. Use “Rolling strike” to stretch resources, hit multiple sites sequentially, and conserve strike funds. Opt for “Sympathy strike” only if no‑strike clause permits; otherwise risk disciplinary action. 👀 Patterns to Recognize Decline trend – post‑1990s strikes drop sharply; look for explanations like lower information costs and higher personal debt. Legal language – references to “protected concerted activity” usually signal US NLRB jurisdiction. Replacement worker discussion – presence of “permanent” vs. “temporary” cues economic vs. ULP strike. Picket line mentions – often accompany wildcat or sympathy strikes where employer attempts to bring in replacements. 🗂️ Exam Traps Distractor: “All strikes guarantee immediate reinstatement.” – only true for ULP strikes, not economic strikes. Misreading “General strike” as “Sympathy strike.” – they differ in scope and legal treatment. Assuming “No‑strike clause” means no labor action at all. – it only bars strikes during the contract term; other tactics (e.g., work‑to‑rule) may remain. Confusing “Lockout” with “Strike.” – lockout is employer‑initiated; strike is worker‑initiated. Treating “Public‑employee strike” as always legal in the US. – many states prohibit them; federal law adds further limits.