Strikes, Lockouts, Boycotts, and Picketing

Basic Terminology

  • Strike: A pressure tactic where employees withhold labor to compel the other side (employer) to make concessions during negotiations. It is a fundamental tool for employees.

  • Lockout: The employer's equivalent pressure tactic, where they withhold work from employees, preventing them from coming to work. Employees do not get paid during a lockout. An employer can only initiate a lockout if there is an impasse in negotiating (a key point for true/false questions).

  • Boycott: An attempt to persuade people not to use certain goods or services. This tactic aims to reduce demand for the employer's products, thereby pressuring them. The Diamond Walnut case involves significant aspects of boycotting.

  • Picketing: Standing outside a premises with a sign. The transcript explicitly defines this as holding a stationary sign.

  • Patrolling: Walking with a sign. Often accompanies picketing, so groups walking with signs are engaging in both picketing and patrolling.

Legal Background & Protection of Rights

  • Constitutional Rights:

    • There is a constitutional right to free speech, which extends to picketing (holding a sign is considered free speech).

    • There is NO constitutional right to strike or withhold labor from an employer. Striking without legal protection could lead to termination.

  • Norris-LaGuardia Act: This act (mentioned in prior lectures) transformed strikes from potential criminal conspiracies into protected activities, limiting courts' ability to enjoin employers unless specific criteria (e.g., irreparable damage, police unwilling to help) are met.

  • National Labor Relations Act (NLRA): The NLRA protects the right to strike, with certain limitations. Section 13 explicitly states that "nothing in this act is specifically provided is to interfere with or diminish in a way the right to strike or to affect the limitations and qualifications of that right." This means the right to strike is not only acknowledged but also protected, albeit with conditions discussed later.

  • State Regulations: States can also regulate strikes and picketing, particularly concerning safety or private property.

  • Collective Bargaining Agreements (CBAs): Often, CBAs include provisions where unions and employers agree to final binding arbitration for disputes, in exchange for the union agreeing not to strike during the contract's term.

Impacts of a Strike

Strikes have broad ripple effects, impacting multiple stakeholders:

  • Employer: Direct negative impact due to loss of labor, disruption of operations, and potential loss of production/services.

  • Consumer: May face product unavailability, service interruptions, and potentially higher prices for goods/services once production resumes.

  • Economy as a Whole:

    • Supply Chain Issues: Disruptions can cascade, affecting raw material suppliers (upstream) and transportation/distribution (downstream).

    • Prices: Limited availability of goods/services due to strikes can lead to price increases across the market.

  • Competitors: May benefit from the striking company's inability to produce, potentially gaining market share.

  • Striking Employees:

    • No Pay: Employers are not obligated to pay striking employees, as they are not working.

    • No Unemployment Benefits: Striking employees are generally not eligible for unemployment benefits because work is considered available (akin to voluntary resignation).

    • Strike Pay: Unions often provide "strike pay" from a trust fund (funded by member dues) to cover basic living expenses (boot, shelter, clothing) during a strike. This is typically a reduced amount compared to regular wages.

    • Replacement/Termination: While not always fired, strikers can be replaced, or face other disciplinary actions depending on the strike's type and legal protections.

    • Negative Social Impact: May face social ostracism or negative community perception depending on the context.

  • Non-Striking Employees: May be negatively impacted by increased workload or pressure to cross picket lines.

  • Community:

    • Hospitality: Can create divisions and strained relationships within the community, especially in smaller towns where an employer is dominant.

    • Local Businesses: Discretionary spending decreases as striking employees conserve money, negatively impacting local restaurants, salons, entertainment venues, etc. This economic pressure on local businesses can, in turn, lead to community pressure on the employer to resolve the strike.

Types of Strikes (Protected Activity)

The NLRA protects two main types of strikes:

  1. Unfair Labor Practice (ULP) Strikes:

    • Definition: Occur when an employer engages in actions prohibited under Section 8(a) of the NLRA (e.g., interfering with union organizing, discriminating against union members).

    • Key Characteristics:

      • No Permanent Replacement: Strikers in ULP strikes may NOT be permanently replaced. The employer can hire temporary workers, but once the strike ends, the original employees have a guaranteed right to return to their positions (unless terminated for unrelated valid reasons).

      • Voting Rights: Strikers are eligible to vote in any elections held during the strike.

      • Employment Guaranteed: Their employment is essentially guaranteed as long as their termination would not have occurred regardless of the strike.

  2. Economic Strikes:

    • Definition: Initiated over economic issues such as wages, hours, insurance benefits, time off, or other terms and conditions of employment that are not necessarily infractions of labor law (e.g., patient-to-nurse ratios). Most strikes fall into this category.

    • Key Characteristics:

      • Permanent Replacement Allowed: Employers CAN permanently replace economic strikers. This can create challenges if the employer brings in