What are the legal minimum services of a company when there is a strike?
The right to strike is enshrined in Section 7 of the National Labor Relations Act. But the statute also places restrictions on exercising that right.
Workers have become more emboldened to walk off the job in recent years in order to demand better pay and work conditions. The right of private-sector employees to strike is enshrined in Section 7 of the National Labor Relations Act. But the statute also places restrictions on exercising that right.
What are the legal minimum services of a company when there is a strike?
The company being struck isn’t obligated to provide any minimal level of service. Likewise, there is no requirement that a striking worker provide minimum service in the United States.
However, the National Labor Relations Act says that those who are taking labor action against their employer cannot physically block people from entering or leaving the premises of the company. Nor threaten non-striking employees or attack management representatives.
Additionally, employees who wish to conduct a strike against a healthcare institution or picket must give a 10-day notice in writing to the institution and the Federal Mediation and Conciliation Service.
Two classes of strikes
There are two types of strikers, “economic strikers” and “unfair labor practice strikers.” If conducted in a legal manner, while workers are striking they are still considered employees. However, the latter have greater rights of reinstatement to their jobs once the labor action has concluded.
“Economic strikers” are employees who are striking for increased pay, better working conditions or shorter hours. They cannot be discharged from their positions but they can be replaced by their employer during a strike. If their job has been filled, the striker is not entitled to reinstatement at the end of the strike. But, they are entitled to be recalled to jobs which they are qualified for when openings occur if an unconditional request has been made by them or their representative.
“Unfair labor practice strikers” are those who have walked out of their job to protest unfair labor practices. Minus serious misconduct on their part, these strikers are entitle to return to their jobs, even if another worker has been hired in their absence. That replacement worker would have to be discharged.