Prsentation on Strikes

By Ebi Igare

Presentation Outline

What 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 wagesHow many percent of workers go on strike yearly in the US20%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 dissatisfactionFrequently intended to pressurize an employerBy withholding their labor

Types of Strike

Legal Strike: Under NLRB, these strikes are LegalUnfair labor strike: A strike to protest an employers 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.Employerdoesnothavetoreinstateanyworkerwhohasfoundsubstantiallyequivalentworkelsewhere.

Types of strike

Illegal StrikeSympathy : 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 issueJurisdictional: 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 employers 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 Federallaborlawsrequirea60-dayFederal 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

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Legal Treatment

Permanent vs Temporary Strike replacement

Permanent strike replacements: Workers who continue in their positions after the strike endsTemporary 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 productivityLoss of profitFall in stock priceLoss of income for workers and stressRecruiting new employees is expensive if reinstatement is not made

Conclusion

Employees engage in economic strikes to improve working condition and also for better wagesDecline 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 activitiesStrike is both legal and illegal

Questions?

List the different types of strikes List any Negative effects of strikes Explain the Legal Treatment of strike

Referencehttp://qz.com/342311/american-workers-have-pretty-much-stopped-using-their-most-powerful-weapon/http://legal-dictionary.thefreedictionary.com/strikeWest's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.