3.5 Strike management

Strikes are a powerful tool in labor relations, allowing workers to collectively withhold their labor to pressure employers. They can stem from various causes, including contract disputes, unfair practices, or safety concerns. Strikes require careful planning and execution by unions to be effective.

The legal framework for strikes balances worker rights with employer protections. While strikes can be disruptive, they play a crucial role in collective bargaining. Employers have several options to respond, from hiring replacements to launching PR campaigns. Resolving strikes often involves mediation or arbitration to reach a settlement.

Definition of strikes

• Strikes are a collective action taken by employees to stop work to pressure their employer to meet demands or address grievances
• Involve withholding labor to disrupt business operations and impose economic costs on the employer
• Strikes are a key tactic used by unions to gain leverage in labor disputes and collective bargaining negotiations

Types of strikes

Economic vs unfair labor practice strikes

Top images from around the web for Economic vs unfair labor practice strikes

• 

  Labor unions and income inequality in America View original

  Is this image relevant?

• 

  Sears Roebuck employees on strike against unfair labor pra… | Flickr View original

  Is this image relevant?

• 

  Campaign to abolish Ireland’s anti-worker Industrial Relations Act : Peoples Dispatch View original

  Is this image relevant?

• 

  Labor unions and income inequality in America View original

  Is this image relevant?

• 

  Sears Roebuck employees on strike against unfair labor pra… | Flickr View original

  Is this image relevant?

1 of 3

Top images from around the web for Economic vs unfair labor practice strikes

• 

  Labor unions and income inequality in America View original

  Is this image relevant?

• 

  Sears Roebuck employees on strike against unfair labor pra… | Flickr View original

  Is this image relevant?

• 

  Campaign to abolish Ireland’s anti-worker Industrial Relations Act : Peoples Dispatch View original

  Is this image relevant?

• 

  Labor unions and income inequality in America View original

  Is this image relevant?

• 

  Sears Roebuck employees on strike against unfair labor pra… | Flickr View original

  Is this image relevant?

1 of 3

• Economic strikes aim to secure better wages, benefits, or working conditions through the collective bargaining process
• Unfair labor practice strikes protest illegal employer actions that violate the National Labor Relations Act (NLRA) such as discrimination against union members
• Employees in economic strikes can be permanently replaced while those in unfair labor practice strikes have greater legal protections against replacement

Strikes over working conditions

• Address issues such as health and safety concerns, workload, scheduling, or job security
• May arise from specific incidents or longstanding problems in the workplace
• Can involve demands for improved equipment, staffing levels, or training

Sympathy strikes

• Occur when workers strike in support of another union's primary strike, even if they don't have a direct dispute with their own employer
• Demonstrate solidarity among different unions or workplaces facing similar issues
• Sympathy strikes are not protected under the NLRA and participants can face replacement or discipline

Wildcat strikes

• Unauthorized strikes initiated by workers without union leadership approval
• Often arise from spontaneous grievances or dissatisfaction with union handling of issues
• Wildcat strikes lack legal protections and can lead to internal union conflict

Causes of strikes

Breakdown in collective bargaining

• Strikes may follow the expiration of a contract if negotiations reach an impasse
• Can result from employer unwillingness to make concessions or union dissatisfaction with offers
• Breakdowns often involve disputes over wage increases, benefit costs, or job security provisions

Unfair labor practices by employers

• Strikes can respond to employer violations of the NLRA such as:
  • Refusal to bargain in good faith
  • Discrimination against union activity
  • Unilateral changes to working conditions
• Unfair labor practices undermine the collective bargaining process and employee rights

Disputes over contract interpretation

• Disagreements may arise over the meaning or application of contract language
• Strikes can pressure employers to resolve grievances or comply with union interpretations
• Common issues include disciplinary policies, subcontracting, or benefit eligibility

Health and safety concerns

• Unsafe working conditions, inadequate protective equipment, or exposure to hazards can provoke strikes
• Strikes may demand stronger safety protocols, facility improvements, or hazard pay
• Recent examples include COVID-19 related safety strikes at meatpacking plants and hospitals

Legal framework for strikes

National Labor Relations Act provisions

• The NLRA grants private sector employees the right to engage in concerted activities including strikes
• Protects lawful strikes from employer retaliation or interference
• Requires employers to bargain in good faith with certified unions

Restrictions on strikes

• Strikes must be for lawful objectives and use lawful means without violence or property damage
• Certain industries face stricter limits on strikes:
  • Federal employees are prohibited from striking
  • Railway and airline workers have higher strike barriers under the Railway Labor Act
• Notice requirements apply to strikes in healthcare facilities and during a contract term

Employer rights during strikes

• Employers can continue operations with non-striking employees or temporary replacements
• Employers may restrict strike activities on company property if non-disruptive alternatives exist
• Strikers who engage in serious misconduct can be disciplined or denied reinstatement

Strike preparation and planning

Union strike authorization process

• Unions typically hold a strike vote among members before initiating a strike
• Strike authorization demonstrates member support and gives union leaders authority to call a strike
• Voting procedures are governed by union constitutions and bylaws

Assembling a strike committee

• Strike committees coordinate logistics, communication, and strategy during the strike
• Include representatives from different work areas, shifts, and union roles
• Responsibilities cover picket line schedules, community outreach, media relations, and bargaining

Building a strike fund

• Strike funds provide financial support to striking workers to offset lost wages
• Funded through regular member dues, special assessments, or donations from other unions
• Distribute benefits through a structured application and review process

Developing a communications strategy

• Clear messaging and media engagement are critical to building support for the strike
• Involves articulating key issues, demands, and updates to members, allies, and the public
• May include rallies, press conferences, social media campaigns, and op-eds to shape the narrative

Conducting a strike

Picketing and demonstrations

• Picketing involves patrolling near the workplace with signs to publicize the strike and dissuade others from crossing the line
• Demonstrations can include marches, rallies, or civil disobedience to generate visibility and solidarity
• Strict codes of conduct maintain order and non-violence on the picket line

Maintaining solidarity and morale

• Strikes require sustained member commitment in the face of economic hardship and uncertainty
• Regular meetings, updates, and mutual aid reinforce the collective purpose
• Solidarity actions from other unions or community groups boost morale

Countering employer tactics

• Employers may try to undermine strikes through legal challenges, public relations attacks, or hiring replacements
• Unions need proactive strategies to anticipate and respond to employer tactics
• Maintaining disciplined and lawful conduct is key to protecting striker rights

Negotiating during a strike

• Strikes create pressure for productive bargaining to reach a settlement
• Union bargaining teams must balance member expectations with employer concessions
• Back channel communications or third-party mediation can break impasses

Employer responses to strikes

Hiring replacement workers

• Employers may hire temporary or permanent replacements to maintain operations during the strike
• Temporary replacements can be dismissed after the strike while permanent replacements can retain their positions
• Hiring replacements can prolong a strike and deepen tensions with the union

Lockouts and plant closures

• Employers can preemptively lock out workers or shut down facilities to pressure the union to settle
• Lockouts block workers from their jobs until a new contract is reached
• Plant closures or threats of relocation can be used to deter strikes or extract concessions

Legal actions against unions

• Employers may file unfair labor practice charges against unions for unlawful strike conduct or secondary boycotts
• Pursue court injunctions to limit picketing or other strike activities
• Sue unions for financial damages from business losses during the strike

Public relations campaigns

• Employers often launch media campaigns to shape public opinion about the strike
• Portray the union as unreasonable, greedy, or harmful to other stakeholders
• Emphasize their own offers or flexibility to undercut strike support

Resolving strikes

Mediation and conciliation

• Federal, state, or private mediators can facilitate negotiations to end the strike
• Mediators convene the parties, explore possible compromises, and propose solutions
• Conciliation involves issuing non-binding recommendations to guide the parties

Arbitration and fact-finding

• Neutral arbitrators can be brought in to settle contract disputes through a binding decision
• Fact-finding involves an outside panel investigating issues and suggesting terms of settlement
• Parties may voluntarily agree to arbitration or be compelled to accept it in certain industries

Back-to-work agreements

• Outline the terms for ending the strike and resuming regular operations
• Address the status of striking workers, treatment of strike activity, and any interim agreements
• Back-to-work agreements are negotiated as part of the final contract settlement

Assessing strike outcomes

• Successful strikes secure key union demands on wages, benefits, or working conditions
• Partial victories may include incremental gains or compromises on secondary issues
• Failed strikes result in little or no improvements and possible setbacks in labor-management relations

Impact of strikes

Economic costs for employers and workers

• Employers face lost production, sales, and customer loyalty during strikes
• Striking workers sacrifice income and may struggle to cover basic expenses
• Lengthy strikes can threaten the viability of the business and strikers' livelihoods

Effect on labor-management relations

• Strikes can deepen hostility and distrust between unions and employers
• Create resentment among employees who feel unheard or mistreated
• Undermine cooperation and problem-solving in future interactions

Public perception and media coverage

• Strikes that disrupt essential services or cause wider economic impacts may generate public backlash
• Media coverage can sway opinion for or against the strike based on the framing of issues and events
• Unions and employers compete to control the dominant narrative and perceptions of the strike

Long-term consequences for bargaining

• Strikes that result in significant gains can boost union bargaining power in future negotiations
• Failed strikes may lead to union decertification, membership decline, or concessionary bargaining
• Strikes set important precedents for compensation, job security, and workplace rights that influence industry standards