By Ebi
Igare
Presentation OutlineWhat is StrikeTypes of Strike Legal Treatment of StrikeNegative Effects of StrikesReference ConclusionQuestions?
Question to consider• What is the most prominent reason why employees go on strike?
• For the increment of better wages• How many percent of workers go on strike yearly in the US
• 20%• When do employees loose the right to be paid?
• When they are on strike
• Do we think strike is legal or illegal?• Strike is both legal or illegal?
WHAT IS STRIKE• A strike occurs when employees refuse to work until an employer changes position on
one or more issues
• An expression of protest and dissatisfaction• Frequently intended to pressurize an employer• By withholding their labor
Types of Strike
• Legal Strike: Under NLRB, these strikes are Legal• Unfair labor strike: A strike to protest an employer’s unfair labor practice.
• Upon settlement of an unfair labor practice strike, the strikers must be reinstated as soon as they offer unconditionally to return to work, even if the replacement workers must be fixed.
• Economic strike: workers seek to obtain higher wages, reduced working hours, or more extensive benefits.
• Employer does not have to reinstate any worker who has found substantially equivalent work elsewhere.
Types of strike• Illegal Strike
• Sympathy : Workers strike in support of other striking workers rather than to
advance their own claims.
• Wild cat: This is not authorized by the workers. It take place despite a no-
strike clause on a particular issue
• Jurisdictional: When a union strikes to force an employer to assign certain
work to its members
Types cont.• Grievance strikes: This erupt when employers have failed to meet contract
terms, or when employers and unions do not agree on the interpretation of a
contract.
• Sit-down Strike: A strike in which employees stop working and refuse to leave
the employer’s premises.
• Employers have the right to discipline employees for this strikes
Legal Treatment• An employee has no right to be paid under strike nor does the employees has the right
to claim unemployment benefits.• The NLRA clearly established the right of employees to form, join, or aid labor unions.• This acts authorized collective bargaining which gave workers the right to participate in
“Concerted actions” and the major concerted action was the right to strike. • Federal labor laws require a 60-day waiting Federal labor laws require a 60-
day Federal labor law require a 60-day waiting period before workers can strike to force termination or modification of an existing collective bargaining.
Legal Treatment
• Economic strikes and unfair labor practice strikes are protected by Section 7 of the NLRA
• Strikes over grievances are considered protected activity under the NLRA
• Employees who participate in wildcat strikes can often be disciplined
• Jurisdictional strikes are prohibited by the NLRA, so unions can be ordered to cease and desist from such strikes
• Strikes by federal government workers are prohibit
• http://study.com/academy/lesson/bargaining-impasses-strikes-lockouts-other-consequences.html
Legal Treatment• Permanent vs Temporary Strike replacement
• Permanent strike replacements: Workers who continue in their positions after the strike ends
• Temporary strike replacements - Workers who are discharged at the end of the strike
Effects on strike
• Strikes affects both employers, employees and the economy
• Decline in productivity• Loss of profit• Fall in stock price• Loss of income for workers and stress• Recruiting new employees is expensive if reinstatement is not made
Conclusion• Employees engage in economic strikes to improve working condition and also for
better wages• Decline in productivity, loss of profit and fall in stock price are all negative effects of
strike.• Under NLRA, employees have the right to strike under concerted activities• Strike is both legal and illegal
Questions?• List the different types of strikes• List any Negative effects of strikes• Explain the Legal Treatment of strike
Reference• http://qz.com/342311/american-workers-have-pretty-much-stopped-using-their-most-po
werful-weapon/
• http://legal-dictionary.thefreedictionary.com/strike• West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc.
All rights reserved.
Recommended