Strikes are a form of protest taken by employees when they temporarily stop working. Workers often go out on strike when they want better wages or working conditions and other steps have failed to produce adequate results. There are two basic types of strikes. An economic strike is where employees try to get better conditions. An unfair labor practice strike is where the strike is in response to the employer doing something that falls under the unfair labor practice provisions prohibited by the National Labor Relations Act .
Illegal strikes
Some strikes are illegal under federal or state law. Here are some examples. Wildcat strikes are sudden work actions where employees go out on strike without authorization from their union while a contract is still in effect or while negotiations are underway. They are generally considered illegal.
Sit-down strikes are where employees report to work but refuse to work and refuse to leave the workplace. A famous sit-down strike occurred in 1936 where thousands of employees went into the General Motors plant in Flint, Michigan and refused to leave. It propelled the United Auto Workers union into the national spotlight. Sit-down strikes are generally considered illegal because workers are trespassing.
Public Sector Employees
As a general rule, most public employees cannot strike. Some states allow certain public sector employees, such as teachers, to go out on strike. Even if strikes are permitted, a judge may issue an injunction if the strike poses a risk to public health and safety. A judge could also impose penalties against the union and the workers if they violate the court’s ruling. For example, during the 2005 strike by the transit workers in New York City, a judge ordered that the union pay a $1 million-a-day fine.
Public sector workers can be fired if they go out on strike. For instance, President Ronald Reagan in 1981 fired over 11,000 striking air traffic controllers. These federal employees ignored an order to go back to work.
Another type of strike is a sick-out. Large number of workers, such as police officers not reporting for work because they say they claim to be ill, is known as a Blue Flu. This form of a sick-out is often considered an illegal form of protest.
A decision to strike should not be made lightly or hastily by workers. Under some conditions, they can be fired and replaced. If the public does not sympathize with their strike, striking workers may hurt their own cause. Whether workers are considering going out on strike or employers are facing a strike by employees, both sides need to be familiar with relevant state and federal laws.
But despite these risks, a strike can be a powerful weapon to show how important workers are to the workplace. Over the decades, it has many times led to major improvements in wages and working conditions.
