Strike

Strikes can be divided into two basic types: economic and unfair labor practice. An economic strike seeks to obtain some type of economic benefit for the workers, such as improved wages and hours, or to force recognition of their union. An unfair labor practice strike is called to protest some act of the employer that the employees regard as unfair.

When employees strike, the employer may continue operating the business and can hire replacement workers. 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 fired.

In economic strikes, however, the employer is not required to take back the strikers immediately upon the settlement of the dispute. Economic strikers are still categorized as employees and are entitled to reinstatement in the event vacancies occur, but the employer does not have to reinstate any worker who has found substantially equivalent work elsewhere or who has given the employer a legitimate and substantial reason for not reinstating that worker. The hiring of permanent replacement workers has become an important management weapon against economic strikes, giving the employer the ability to hire a nonunion workforce and to threaten the local union with destruction. U.S. labor unions have been unsuccessful in persuading Congress to amend the National Labor Relations Act to provide immediate job reinstatement to economic strikers.

An employee has no right to be paid while on strike, nor does the employee have a right to claim UNEMPLOYMENT COMPENSATION benefits, unless state law provides the benefit. Employees who refuse to cross a picket line on principle are treated in the same way as strikers, but those who are kept from their jobs through fear of violence are entitled to collect unemployment compensation.

Employees forfeit their right to maintain the employment relationship if their strike is illegal. For example, public employees are generally forbidden to strike. If they do, they risk dismissal. In 1981, President RONALD REAGAN responded to an illegal strike by federal air traffic controllers by dismissing more than ten thousand employees.

Ordinarily, however, a strike is legal if employees are using it to exert economic pressure upon their employer in order to improve the conditions of their employment. A strike is unlawful if it is directed at someone other than the employer or if it is used for some other purpose. Federal law prohibits most boycotts or picketing directed at a party not involved in the primary dispute. These tactics are known as secondary boycotts or secondary picketing, and they are strictly limited so that businesses that are innocent bystanders will not become victims in a labor dispute that they cannot resolve.