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Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of
employee Employment is a relationship between two parties regulating the provision of paid labour services. Usually based on a contract, one party, the employer, which might be a corporation, a not-for-profit organization, a co-operative, or any other ...
s to
work Work may refer to: * Work (human activity), intentional activity people perform to support themselves, others, or the community ** Manual labour, physical work done by humans ** House work, housework, or homemaking ** Working animal, an animal tr ...
. A strike usually takes place in response to employee grievances. Strikes became common during the
Industrial Revolution The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...
, when mass labor became important in factories and mines. As striking became a more common practice, governments were often pushed to act (either by private business or by union workers). When government intervention occurred, it was rarely neutral or amicable. Early strikes were often deemed unlawful conspiracies or anti-competitive cartel action and many were subject to massive legal repression by state police, federal military power, and federal courts. Many Western nations legalized striking under certain conditions in the late 19th and early 20th centuries. Strikes are sometimes used to pressure governments to change policies. Occasionally, strikes destabilize the rule of a particular political party or ruler; in such cases, strikes are often part of a broader social movement taking the form of a campaign of
civil resistance Civil resistance is political action that relies on the use of nonviolent resistance by ordinary people to challenge a particular power, force, policy or regime. Civil resistance operates through appeals to the adversary, pressure and coercion: i ...
. Notable examples are the 1980
Gdańsk Shipyard The Gdańsk Shipyard ( pl, Stocznia Gdańska, formerly Lenin Shipyard) is a large Polish shipyard, located in the city of Gdańsk. The yard gained international fame when Solidarity () was founded there in September 1980. It is situated on the w ...
and the 1981 Warning Strike led by
Lech Wałęsa Lech Wałęsa (; ; born 29 September 1943) is a Polish statesman, dissident, and Nobel Peace Prize laureate, who served as the President of Poland between 1990 and 1995. After winning the 1990 election, Wałęsa became the first democratica ...
. These strikes were significant in the long campaign of civil resistance for political change in
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
, and were an important mobilizing effort that contributed to the fall of the Iron Curtain and the end of communist party rule in eastern Europe.


History


Origin of the term

The use of the English word "strike" to describe a work protest was first seen in 1768, when sailors, in support of demonstrations in
London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
, "struck" or removed the
topgallant sail On a square rigged sailing vessel, a topgallant sail (topgallant alone pronounced "t'gallant", topgallant sail pronounced "t'garns'l",C.S. Forester, ''Beat to Quarters'', Chapter VI. is the square-rigged sail or sails immediately above the topsai ...
s of merchant ships at port, thus crippling the ships.


Pre-industrial strikes

The first historically certain account of strike action was towards the end of the
20th dynasty The Twentieth Dynasty of Egypt (notated Dynasty XX, alternatively 20th Dynasty or Dynasty 20) is the third and last dynasty of the Ancient Egyptian New Kingdom period, lasting from 1189 BC to 1077 BC. The 19th and 20th Dynasties furthermore toget ...
, under Pharaoh
Ramses III Usermaatre Meryamun Ramesses III (also written Ramses and Rameses) was the second Pharaoh of the Twentieth Dynasty in Ancient Egypt. He is thought to have reigned from 26 March 1186 to 15 April 1155 BC and is considered to be the last great monar ...
in ancient Egypt on 14 November in 1152 BC. The artisans of the Royal Necropolis at
Deir el-Medina Deir el-Medina ( arz, دير المدينة), or Dayr al-Madīnah, is an ancient Egyptian workmen's village which was home to the artisans who worked on the tombs in the Valley of the Kings during the 18th to 20th Dynasties of the New Kingdom of ...
walked off their jobs because they had not been paid. The Egyptian authorities raised the wages. The first Jewish source for the idea of a labor strike appears in the
Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cente ...
, which describes that the bakers who prepared
showbread Showbread ( he, לחם הפנים ''Leḥem haPānīm'', literally: "Bread of the Faces"), in the King James Version: shewbread, in a biblical or Jewish context, refers to the cakes or loaves of bread which were always present, on a specially-de ...
for the
altar An altar is a table or platform for the presentation of religious offerings, for sacrifices, or for other ritualistic purposes. Altars are found at shrines, temples, churches, and other places of worship. They are used particularly in paga ...
went on strike. An early predecessor of the
general strike A general strike refers to a strike action in which participants cease all economic activity, such as working, to strengthen the bargaining position of a trade union or achieve a common social or political goal. They are organised by large co ...
may have been the ''
secessio plebis ''Secessio plebis'' (''withdrawal of the commoners'', or ''secession of the plebs'') was an informal exercise of power by Rome's plebeian citizens, similar in concept to the general strike. During the ''secessio plebis'', the plebs would abandon ...
'' in ancient Rome. In ''
The Outline of History ''The Outline of History'', subtitled either "The Whole Story of Man" or "Being a Plain History of Life and Mankind", is a work by H. G. Wells chronicling the history of the world from the origin of the Earth to the First World War. It appeared ...
'',
H. G. Wells Herbert George Wells"Wells, H. G."
Revised 18 May 2015. ''
plebeian In ancient Rome, the plebeians (also called plebs) were the general body of free Roman citizens who were not patricians, as determined by the census, or in other words " commoners". Both classes were hereditary. Etymology The precise origins of ...
s; the plebeians seem to have invented the strike, which now makes its first appearance in history."H.G. Wells, Outline of History, Waverly Book Company, 1920, page 225 Their first strike occurred because they "saw with indignation their friends, who had often served the state bravely in the legions, thrown into chains and reduced to slavery at the demand of
patrician Patrician may refer to: * Patrician (ancient Rome), the original aristocratic families of ancient Rome, and a synonym for "aristocratic" in modern English usage * Patrician (post-Roman Europe), the governing elites of cities in parts of medieval ...
creditors".


During and after the Industrial Revolution

The strike action only became a feature of the political landscape with the onset of the
Industrial Revolution The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...
. For the first time in history, large numbers of people were members of the industrial working class; they lived in towns and cities, exchanging their labor for payment. By the 1830s, when the
Chartist movement Chartism was a working-class movement for political reform in the United Kingdom that erupted from 1838 to 1857 and was strongest in 1839, 1842 and 1848. It took its name from the People's Charter of 1838 and was a national protest movement, w ...
was at its peak in Britain, a true and widespread 'workers consciousness' was awakening. In 1838, a
Statistical Society of London The Royal Statistical Society (RSS) is an established statistical society. It has three main roles: a British learned society for statistics, a professional body for statisticians and a charity which promotes statistics for the public good. ...
committee "used the first written questionnaire... The committee prepared and printed a list of questions 'designed to elicit the complete and impartial history of strikes.'" In 1842 the demands for fairer wages and conditions across many different industries finally exploded into the first modern
general strike A general strike refers to a strike action in which participants cease all economic activity, such as working, to strengthen the bargaining position of a trade union or achieve a common social or political goal. They are organised by large co ...
. After the second Chartist Petition was presented to Parliament in April 1842 and rejected, the strike began in the coal mines of
Staffordshire Staffordshire (; postal abbreviation Staffs.) is a landlocked county in the West Midlands region of England. It borders Cheshire to the northwest, Derbyshire and Leicestershire to the east, Warwickshire to the southeast, the West Midlands Cou ...
,
England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...
, and soon spread through Britain affecting
factories A factory, manufacturing plant or a production plant is an industrial facility, often a complex consisting of several buildings filled with machinery, where workers manufacture items or operate machines which process each item into another. T ...
,
cotton mills A cotton mill is a building that houses spinning or weaving machinery for the production of yarn or cloth from cotton, an important product during the Industrial Revolution in the development of the factory system. Although some were driven ...
in Lancashire and
coal mine Coal mining is the process of extracting coal from the ground. Coal is valued for its energy content and since the 1880s has been widely used to generate electricity. Steel and cement industries use coal as a fuel for extraction of iron from ...
s from
Dundee Dundee (; sco, Dundee; gd, Dùn Dè or ) is Scotland's fourth-largest city and the 51st-most-populous built-up area in the United Kingdom. The mid-year population estimate for 2016 was , giving Dundee a population density of 2,478/km2 or ...
to
South Wales South Wales ( cy, De Cymru) is a loosely defined region of Wales bordered by England to the east and mid Wales to the north. Generally considered to include the historic counties of Glamorgan and Monmouthshire, south Wales extends westwards ...
and
Cornwall Cornwall (; kw, Kernow ) is a historic county and ceremonial county in South West England. It is recognised as one of the Celtic nations, and is the homeland of the Cornish people. Cornwall is bordered to the north and west by the Atlantic ...
. Instead of being a spontaneous uprising of the mutinous masses, the strike was politically motivated and was driven by an agenda to win concessions. Probably as much as half of the then industrial work force were on strike at its peakover 500,000 men. The local leadership marshalled a growing working class tradition to politically organize their followers to mount an articulate challenge to the capitalist, political establishment.
Friedrich Engels Friedrich Engels ( ,"Engels"
'' London London is the capital and largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary down to the North Sea, and has been a majo ...
at the time, wrote:
''by its numbers, this class has become the most powerful in England, and woe betide the wealthy Englishmen when it becomes conscious of this fact ... The English proletarian is only just becoming aware of his power, and the fruits of this awareness were the disturbances of last summer.''
As the 19th century progressed, strikes became a fixture of industrial relations across the industrialized world, as workers organized themselves to
collectively bargain Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The i ...
for better wages and standards with their employers.
Karl Marx Karl Heinrich Marx (; 5 May 1818 – 14 March 1883) was a German philosopher, economist, historian, sociologist, political theorist, journalist, critic of political economy, and socialist revolutionary. His best-known titles are the 1848 ...
has condemned the theory of
Pierre-Joseph Proudhon Pierre-Joseph Proudhon (, , ; 15 January 1809, Besançon – 19 January 1865, Paris) was a French socialist,Landauer, Carl; Landauer, Hilde Stein; Valkenier, Elizabeth Kridl (1979) 959 "The Three Anticapitalistic Movements". ''European Socia ...
criminalizing strike action in his work ''
The Poverty of Philosophy ''The Poverty of Philosophy'' (French: ''Misère de la philosophie'') is a book by Karl Marx published in Paris and Brussels in 1847, where he lived in exile from 1843 until 1849. It was originally written in French language, French as a critique ...
''.


Recognition strikes

A recognition strike is an industrial strike implemented in order to force a particular employer or industry to recognize a
trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
as the legitimate
collective bargaining Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The i ...
agent for a company's workers. In 1949, their use in the United States was described as "a weapon used with varying results by labor for the last forty years or more". One example cited was the successful formation of the
United Auto Workers The International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, better known as the United Auto Workers (UAW), is an American labor union that represents workers in the United States (including Puerto Rico ...
. They were more common prior to the advent of modern American
labor law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
(including the
National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...
), which introduced processes legally compelling an employer to recognize the legitimacy of properly certified unions. Two examples include the
U.S. Steel recognition strike of 1901 The U.S. Steel recognition strike of 1901 was an attempt by the Amalgamated Association of Iron, Steel and Tin Workers (the AA) to reverse its declining fortunes and organize large numbers of new members. The strike failed. The AA had formed in ...
, and the subsequent
coal strike of 1902 The Coal strike of 1902 (also known as the anthracite coal strike) was a strike by the United Mine Workers of America in the anthracite coalfields of eastern Pennsylvania. Miners struck for higher wages, shorter workdays, and the recognition of ...
. A 1936 study of strikes in the United States indicated that about one third of the total number of strikes between 1927 and 1928, and over 40 percent in 1929, were due to "demands for union recognition, closed shop, and protest against union discrimination and violation of union agreements". A 1988 study of strike activity and unionization in non-union municipal
police departments The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and th ...
between 1972 and 1978 found that recognition strikes were carried out "primarily where bargaining laws rovidedlittle or no protection of bargaining rights." In 1937, there were 4,740 strikes in the United States. This was the greatest strike wave in American labor history. The number of major strikes and lockouts in the U.S. fell by 97% from 381 in 1970 to 187 in 1980 to only 11 in 2010. Companies countered the threat of a strike by threatening to close or move a plant. The
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...
, adopted in 1967, ensures the right to strike in Article 8. The
European Social Charter The European Social Charter is a Council of Europe treaty which was opened for signature on October 18, 1961 and initially became effective on February 26, 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. B ...
, adopted in 1961, also ensures the right to strike in Article 6. The Farah Strike, 1972–1974, labeled the "strike of the century," was organized and led by Mexican American women predominantly in El Paso, Texas.


Frequency and duration

Strikes are rare, in part because many workers are not covered by a
collective bargaining agreement A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an ...
.John Kennan
Strikes
, National Bureau of Economic Research.
Strikes that do occur are generally fairly short in duration. Labor economist John Kennan notes: Since the 1990s, strike actions have generally further declined, a phenomenon that might be attributable to lower information costs (and thus more readily available access to information on
economic rent In economics, economic rent is any payment (in the context of a market transaction) to the owner of a factor of production in excess of the cost needed to bring that factor into production. In classical economics, economic rent is any payment m ...
s) made possible by computerization. In the United States, the number of workers involved in major work stoppages (including strikes and, less commonly, lockouts) that involved at least a thousand workers for at least one full shift generally declined from 1973 to 2017 (coinciding with a general decrease in overall union membership), before substantially increasing in 2018 and 2019. In the 2018 and 2019 period, 3.1% of union members were involved in a work stoppage each year on average, these strikes also contained more workers than ever recorded with an average of 20,000 workers participating in each major work stoppage in 2018 and 2019
Report: Continued surge in strike activity signals worker dissatisfaction with wage growth
Economic Policy Institute (11 February 2020).


By country

For the period from 1996 to 2000, the ten countries with the most strike action (measured by average number of days not worked for every 1000 employees) were as follows:


Variations

Most strikes are undertaken by
labor unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
during
collective bargaining Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The i ...
as a last resort. The object of collective bargaining is for the employer and the union to come to an agreement over wages, benefits, and working conditions. A
collective bargaining agreement A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an ...
may include a clause (a contractual "no-strike clause") which prohibits the union from striking during the term of the agreement. Under U.S. labor law, a strike in violation of a no-strike clause is not a
protected concerted activity Protected Concerted Activity is a legal term used in labor policy to define employee protection against employer retaliation in the United States. It is a legal principle under the subject of the freedom of association. The term defines the activ ...
. The scope of a no-strike clause varies; generally, the U.S. courts and
National Labor Relations Board The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Natio ...
have determined that a collective bargaining agreement's no-strike clause has the same scope as the agreement's arbitration clauses, such that "the union cannot strike over an arbitrable issue." The U.S. Supreme Court held in ''Jacksonville Bulk Terminals Inc. v. International Longshoremen's Association'' (1982), a case involving the
International Longshoremen's Association The International Longshoremen's Association (ILA) is a North American labor union representing longshore workers along the East Coast of the United States and Canada, the Gulf Coast, the Great Lakes, Puerto Rico, and inland waterways. The ILA h ...
refusing to work with goods for export to the
Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, it was nominally a federal union of fifteen national ...
in protest against its
invasion of Afghanistan In late 2001, the United States and its close allies invaded Afghanistan and toppled the Taliban government. The invasion's aims were to dismantle al-Qaeda, which had executed the September 11 attacks, and to deny it a safe base of operations ...
, that a no-strike clause does not bar unions from refusing to work as a political protest (since that is not an "arbitrable" issue), although such activity may lead to damages for a
secondary boycott Secondary may refer to: Science and nature * Secondary emission, of particles ** Secondary electrons, electrons generated as ionization products * The secondary winding, or the electrical or electronic circuit connected to the secondary winding ...
. Whether a no-strike clause applies to
sympathy strikes Solidarity action (also known as secondary action, a secondary boycott, a solidarity strike, or a sympathy strike) is industrial action by a trade union in support of a strike initiated by workers in a separate corporation, but often the same ...
depends on the context. Some in the labor movement consider no-strike clauses to be an unnecessary detriment to unions in the collective bargaining process. Occasionally, workers decide to strike without the sanction of a labor union, either because the union refuses to endorse such a tactic, or because the workers concerned are non-unionized. Such strikes are often described as ''unofficial''. Strikes without formal union authorization are also known as
wildcat strikes A wildcat strike action, often referred to as a wildcat strike, is a strike action undertaken by unionised workers without union leadership's authorisation, support, or approval; this is sometimes termed an unofficial industrial action. The legalit ...
. In many countries, wildcat strikes do not enjoy the same legal protections as recognized union strikes, and may result in penalties for the union members who participate or their union. The same often applies in the case of strikes conducted without an official ballot of the union membership, as is required in some countries such as the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
. A strike may consist of workers refusing to attend work or
picketing Picketing is a form of protest in which people (called pickets or picketers) congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in (" crossing the pick ...
outside the workplace to prevent or dissuade people from working in their place or conducting business with their employer. Less frequently workers may occupy the workplace, but refuse either to do their jobs or to leave. This is known as a
sit-down strike A sit-down strike is a labour strike and a form of civil disobedience in which an organized group of workers, usually employed at factories or other centralized locations, take unauthorized or illegal possession of the workplace by "sitting do ...
. A similar tactic is the
work-in A work-in is a form of direct action under which workers whose jobs are under threat resolve to remain in their place of employment and to continue producing, without pay. Their intention is usually to show that their place of work still has long- ...
, where employees occupy the workplace but still continue work, often without pay, which attempts to show they are still useful, or that
worker self-management Workers' self-management, also referred to as labor management and organizational self-management, is a form of organizational management based on self-directed work processes on the part of an organization's workforce. Self-management is a def ...
can be successful. For instance, this occurred with factory occupations in the ''
Biennio Rosso The Biennio Rosso (English: "Red Biennium" or "Two Red Years") was a two-year period, between 1919 and 1920, of intense social conflict in Italy, following the First World War.Brunella Dalla Casa, ''Composizione di classe, rivendicazioni e prof ...
'' strikesthe "two red years" of Italy from 1919 to 1920. Another unconventional tactic is
work-to-rule Work-to-rule (also known as an Italian strike, in Italian: ''Sciopero bianco'', or Slowdown in US usag is a job action in which employees do no more than the minimum required by the rules of their contract or job, and strictly follow time-cons ...
(also known as an ''Italian strike'', in it, Sciopero bianco), in which workers perform their tasks exactly as they are required to but no better. For example, workers might follow all safety regulations in such a way that it impedes their productivity or they might refuse to work
overtime Overtime is the amount of time someone works beyond normal working hours. The term is also used for the pay received for this time. Normal hours may be determined in several ways: *by custom (what is considered healthy or reasonable by society), ...
. Such strikes may in some cases be a form of "partial strike" or "slowdown". During the development boom of the 1970s in Australia, the
Green ban A green ban is a form of strike action, usually taken by a trade union or other organised labour group, which is conducted for environmentalist or conservationist purposes. They were mainly done in Australia in the 1970s, led by the Builders Labo ...
was developed by certain unions described by some as more socially conscious. This is a form of strike action taken by a trade union or other organized labor group for
environmentalist An environmentalist is a person who is concerned with and/or advocates for the protection of the environment. An environmentalist can be considered a supporter of the goals of the environmental movement, "a political and ethical movement that se ...
or conservationist purposes. This developed from the black ban, strike action taken against a particular job or employer in order to protect the economic interests of the strikers.
United States labor law United States labor law sets the rights and duties for employees, Labor unions in the United States, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and em ...
also draws a distinction, in the case of private sector employers covered by the
National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...
, between "economic" and "unfair labor practice" strikes. An employer may not fire, but may permanently replace, workers who engage in a strike over economic issues. On the other hand, employers who commit
unfair labor practice An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator R ...
s (ULPs) may not replace employees who strike over them, and must fire any strikebreakers they have hired as replacements in order to reinstate the striking workers. Strikes may be specific to a particular workplace, employer, or unit within a workplace, or they may encompass an entire industry, or every worker within a city or country. Strikes that involve all workers, or a number of large and important groups of workers, in a particular community or region are known as
general strike A general strike refers to a strike action in which participants cease all economic activity, such as working, to strengthen the bargaining position of a trade union or achieve a common social or political goal. They are organised by large co ...
s. Under some circumstances, strikes may take place in order to put pressure on the State or other authorities or may be a response to unsafe conditions in the workplace. A
sympathy strike Solidarity action (also known as secondary action, a secondary boycott, a solidarity strike, or a sympathy strike) is industrial action by a trade union in support of a strike initiated by workers in a separate corporation, but often the same en ...
is, in a way, a small scale version of a general strike in which one group of workers refuses to cross a picket line established by another as a means of supporting the striking workers. Sympathy strikes, once the norm in the construction industry in the United States, have been made much more difficult to conduct due to decisions of the
National Labor Relations Board The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Natio ...
permitting employers to establish separate or "reserved" gates for particular trades, making it an unlawful
secondary boycott Secondary may refer to: Science and nature * Secondary emission, of particles ** Secondary electrons, electrons generated as ionization products * The secondary winding, or the electrical or electronic circuit connected to the secondary winding ...
for a union to establish a picket line at any gate other than the one reserved for the employer it is picketing. Sympathy strikes may be undertaken by a union as an orgition or by individual union members choosing not to cross a picket line. A
jurisdictional strike In United States labor law, a jurisdictional strike is a concerted refusal to work undertaken by a union to assert its members' right to particular job assignments and to protest the assignment of disputed work to members of another union or to unor ...
in
United States labor law United States labor law sets the rights and duties for employees, Labor unions in the United States, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and em ...
refers to a concerted refusal to work undertaken by a union to assert its members' right to particular job assignments and to protest the assignment of disputed work to members of another union or to unorganized workers. A
student strike Campus protest or student protest is a form of student activism that takes the form of protest at university campuses. Such protests encompass a wide range of activities that indicate student dissatisfaction with a given political or academ ...
has the students (sometimes supported by faculty) not attending schools. In some cases, the strike is intended to draw media attention to the institution so that the grievances that are causing the students to "strike" can be aired before the public; this usually damages the institution's (or government's) public image. In other cases, especially in government-supported institutions, the student strike can cause a budgetary imbalance and have actual economic repercussions for the institution. A
hunger strike A hunger strike is a method of non-violent resistance in which participants fast as an act of political protest, or to provoke a feeling of guilt in others, usually with the objective to achieve a specific goal, such as a policy change. Most ...
is a deliberate refusal to eat. Hunger strikes are often used in prisons as a form of political protest. Like student strikes, a hunger strike aims to worsen the public image of the target. A "sickout", or (especially by uniformed police officers) "blue flu", is a type of strike action in which the strikers call in sick. This is used in cases where laws prohibit certain employees from declaring a strike. Police, firefighters, air traffic controllers, and teachers in some
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
s are among the groups commonly barred from striking usually by state and federal laws meant to ensure the safety or security of the general public.
Newspaper A newspaper is a periodical publication containing written information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as politics, business, sports a ...
writers may withhold their names from their stories as a way to protest actions of their employer. Activists may form "" groups for strikes or other actions to disrupt the workplace or another aspect of capitalism: supporting other strikers or unemployed workers, participating in protests against globalization, or opposing abusive landlords.


Legal prohibitions


Canada

On 30 January 2015, the
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
ruled that there is a constitutional right to strike. In this 5–2 majority decision, Justice Rosalie Abella ruled that " ong with their right to associate, speak through a bargaining representative of their choice, and bargain collectively with their employer through that representative, the right of employees to strike is vital to protecting the meaningful process of collective bargaining..." aragraph 24 This decision adopted the dissent by Chief Justice Brian Dickson in a 1987 Supreme Court ruling on a
reference case In Canadian law, a reference question or reference case (formally called abstract review) is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concer ...
brought by the province of
Alberta Alberta ( ) is one of the thirteen provinces and territories of Canada. It is part of Western Canada and is one of the three prairie provinces. Alberta is bordered by British Columbia to the west, Saskatchewan to the east, the Northwest Ter ...
. The exact scope of this right to strike remains unclear. Prior to this Supreme Court decision, the federal and provincial governments had the ability to introduce "back to work legislation", a
special law A special law is a type of legislation. Belgium A special law, or qualified majority law, is a type of legislation in Belgium which requires a qualified majority in both chambers of the bicameral Belgian Federal Parliament to be adopted, amended ...
that blocks the strike action (or a lockout) from happening or continuing. Canadian governments could also have imposed
binding arbitration Arbitration is a form of alternative dispute resolution (ADR) that resolves disputes outside the judiciary courts. The dispute will be decided by one or more persons (the 'arbitrators', 'arbiters' or 'arbitral tribunal'), which renders the ...
or a new contract on the disputing parties. Back to work legislation was first used in 1950 during a railway strike, and as of 2012 had been used 33 times by the federal government for those parts of the economy that are regulated federally (grain handling, rail and air travel, and the postal service), and in more cases provincially. In addition, certain parts of the economy can be proclaimed "
essential services Essential services may refer to a class of occupations that have been legislated by a government to have special restrictions in regard to labour actions such as not being allowed to strike. The International Labour Office, a United Nations age ...
" in which case all strikes are illegal. Examples include when the government of Canada passed back to work legislation during the 2011
Canada Post Canada Post Corporation (french: Société canadienne des postes), trading as Canada Post (french: Postes Canada), is a Crown corporation that functions as the primary postal operator in Canada. Originally known as Royal Mail Canada (the opera ...
lockout and the 2012
CP Rail The Canadian Pacific Railway (french: Chemin de fer Canadien Pacifique) , also known simply as CPR or Canadian Pacific and formerly as CP Rail (1968–1996), is a Canadian Class I railway incorporated in 1881. The railway is owned by Canadi ...
strike, thus effectively ending the strikes. In 2016, the government's use of back to work legislation during the 2011 Canada Post lockout was ruled unconstitutional, with the judge specifically referencing the Supreme Court of Canada's 2015 decision ''Saskatchewan Federation of Labour v Saskatchewan''.


People's Republic of China and the former Soviet Union

In some
Marxist–Leninist Marxism is a left-wing to far-left method of socioeconomic analysis that uses a materialist interpretation of historical development, better known as historical materialism, to understand class relations and social conflict and a dialect ...
states, such as the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
, striking was illegal and viewed as
counter-revolutionary A counter-revolutionary or an anti-revolutionary is anyone who opposes or resists a revolution, particularly one who acts after a revolution in order to try to overturn it or reverse its course, in full or in part. The adjective "counter-revoluti ...
. In 1976, China signed the
International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...
, which guaranteed the right to unions and striking, but Chinese officials declared that they had no interest in allowing these liberties. In June 2008, the municipal government in the
Shenzhen Special Economic Zone The Shenzhen Special Economic Zone () is a special economic zone (SEZ) of China. One of four special economic zones (SEZ) established in May 1980, it was the first SEZ created by Deng Xiaoping, and, like the other three zones, was modeled after Ir ...
introduced draft labor regulations, which a labor rights advocacy group says would, if implemented and enforced, virtually restore Chinese workers' right to strike. In the Soviet Union, strikes occurred throughout the existence of the USSR, most notably in the 1930s. After World War II, they diminished both in number and in scale.
Trade unions in the Soviet Union Trade unions in the Soviet Union, headed by the All-Union Central Council of Trade Unions (VTsSPS or ACCTU in English), had a complex relationship with industrial management, the Communist Party of the Soviet Union, and the Soviet government, give ...
served in part as a means to educate workers about the country's economic system.
Vladimir Lenin Vladimir Ilyich Ulyanov. ( 1870 – 21 January 1924), better known as Vladimir Lenin,. was a Russian revolutionary, politician, and political theorist. He served as the first and founding head of government of Soviet Russia from 1917 to 19 ...
referred to trade unions as "Schools of Communism".


France

In
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, the right to strike is recognized and guaranteed by the Constitution. A "minimum service" during strikes in public transport was a promise of
Nicolas Sarkozy Nicolas Paul Stéphane Sarközy de Nagy-Bocsa (; ; born 28 January 1955) is a French politician who served as President of France from 2007 to 2012. Born in Paris, he is of Hungarian, Greek Jewish, and French origin. Mayor of Neuilly-sur-Se ...
during his campaign for the French presidential election. A law "on social dialogue and continuity of public service in regular terrestrial transports of passengers" was adopted on 12 August 2007, and it took effect on 1 January 2008. This law, among other measures, forces certain categories of public transport workers (such as train and bus drivers) to declare to their employer 48 hours in advance if they intend to go on strike. Should they go on strike without having declared their intention to do so beforehand, they leave themselves open to sanctions. Unions oppose this law, arguing these 48 hours are used not only to pressure the workers but also to keep files on the more militant workers, who will more easily be undermined in their careers by the employers. They also argue this law prevents the more hesitant workers from making the decision to join the strike the day before, once they have been convinced to do so by their colleagues and more particularly the union militants, who maximize their efforts in building the strike (by handing out leaflets, organizing meetings, discussing the demands with their colleagues) in the last few days preceding the strike. This law makes it also more difficult for the strike to spread rapidly to other workers, as they are required to wait at least 48 hours before joining the strike. This law also makes it easier for the employers to organize the production as it may use its human resources more effectively, knowing beforehand who is going to be at work and not, thus undermining, albeit not very much, the effects of the strike. However, this law has not had much effect as strikes in public transport still occur in France, and at times the workers refuse to comply by the rules of this law. The public transport industrypublic or privately ownedremains very militant in France and keen on taking strike action when their interests are threatened by the employers or the government. The public transport workers in France, in particular the "Cheminots" (employees of the national French railway company) are often seen as the most radical "vanguard" of the French working class. This law has not, in the opinion of many, changed this fact.


Italy

In Italy, the right to strike is guaranteed by the
Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed. When ...
( article 40). The law number 146 of 1990 and law number 83 of 2000 regulate the strike actions. In particular, they impose limitations for the strikes of workers in public essential services, i.e., the ones that "guarantee the
personality rights Personality rights, sometimes referred to as the right of publicity, are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as ...
of life, health, freedom and security, movements, assistance and welfare, education, and communications". These limitations provide a minimum guarantee for these services and punish violations. Similar limitations are applied to workers in the private sector whose strike can affect public services. The employer is explicitly forbidden to apply sanctions to employees participating to the strikes, with the exception of the aforementioned essential services cases. The
government A government is the system or group of people governing an organized community, generally a state. In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a ...
, under exceptional circumstances, can impose the ''precettazione'' of the strike, i.e., can force the postponement, cancellation or duration reduction of a national-wide strike. The
prime minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister is not ...
has to justify the decision of applying the''precettazione'' in front of the
parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
. For local strikes, ''precettazione'' can also be applied by a decision of the
prefect Prefect (from the Latin ''praefectus'', substantive adjectival form of ''praeficere'': "put in front", meaning in charge) is a magisterial title of varying definition, but essentially refers to the leader of an administrative area. A prefect's ...
. The employees refusing to work after the ''precettazione'' takes effect may be subject of a sanction or even a penal action (for a maximum of 4 years of prison) if the illegal strike causes the suspension of an essential service. ''Precettazione'' has been rarely applied, usually after several days of strikes affecting transport or fuel services or extraordinary events. Recent cases include the cancellation of the 2015 strike of the company providing transportation services in Milan during
Expo 2015 Expo 2015 was a World Expo hosted by Milan, Italy. It opened on May 1 at 10:00 CEST and closed on October 31. Milan hosted an exposition for the second time; the first was the 1906 Milan International. The Bureau International des Expositi ...
, and the 2007 ''precettazione'' to stop the strike of the
truck driver A truck driver (commonly referred to as a trucker, teamster, or driver in the United States and Canada; a truckie in Australia and New Zealand; a HGV driver in the United Kingdom, Ireland and the European Union, a lorry driver, or driver in ...
s that was causing food and fuel shortage after several days of strike.


United Kingdom

Legislation was enacted in the aftermath of the 1919 police strikes, forbidding
British police Law enforcement in the United Kingdom is organised separately in each of the legal systems of the United Kingdom: England and Wales, Northern Ireland and Scotland. Most law enforcement is carried out by police officers serving in regional po ...
from both taking industrial action, and discussing the possibility with colleagues. In January 1951 during the
Labour Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
Attlee ministry Clement Attlee was invited by King George VI to form the Attlee ministry in the United Kingdom in July 1945, succeeding Winston Churchill as Prime Minister of the United Kingdom. The Labour Party had won a landslide victory at the 1945 gene ...
,
Attorney-General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
Hartley Shawcross Hartley William Shawcross, Baron Shawcross, (4 February 1902 – 10 July 2003), known from 1945 to 1959 as Sir Hartley Shawcross, was an English barrister and Labour politician who served as the lead British prosecutor at the Nuremberg War Cri ...
left his name to a Parliamentary principle in a defense of his conduct regarding an illegal strike: that the Attorney-General "is not to be put, and is not put, under pressure by his colleagues in the matter" of whether or not to establish
criminal proceedings Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or i ...
. The
Industrial Relations Act 1971 The Industrial Relations Act 1971 (c.72) was an Act of the Parliament of the United Kingdom, since repealed. It was based on proposals outlined in the governing Conservative Party's manifesto for the 1970 general election. The goal was to stabil ...
was repealed through the
Trade Union and Labour Relations Act 1974 The Trade Union and Labour Relations Act 1974 ("TULRA") was a UK Act of Parliament (now repealed) on industrial relations. The Act contains rules on the functioning and legal status of trades union, the presumption that a collective agreement ...
, sections of which were repealed by the
Employment Act 1982 The Employment Act 1982 is an Act of the Parliament of the United Kingdom (1982 c. 46), mainly relating to trade unions. It increased compensation for those dismissed because of the closed shop and restricted the immunities enjoyed by trade unio ...
. The
Code of Practice on Industrial Action Ballots and Notices In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication ...
, and sections 22 and 25 of the
Employment Relations Act 2004 The Employment Relations Act 2004 (c 24) is an Acts of Parliament in the United Kingdom, Act of the Parliament of the United Kingdom which amended UK law regarding trade union membership and industrial action. The Act also enabled the UK governme ...
, which concern industrial action notices, commenced on 1 October 2005. The Police Federation, which was created at the time to deal with employment grievances and to provide representation to police officers, attempted to put pressure on the Blair ministry and at the time repeatedly threatened strike action. Prison officers have gained and lost the right to strike over the years; in the 2010s, despite it being illegal, they walked out on 15 November 2016, and again on 14 September 2018.


United States

The
Railway Labor Act The Railway Labor Act is a United States federal law on US labor law that governs labor relations in the railroad and airline industries. The Act, enacted in 1926 and amended in 1934 and 1936, seeks to substitute bargaining, arbitration, and media ...
bans strikes by United States airline and railroad employees except in narrowly defined circumstances. The
National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...
generally permits strikes, but provides a mechanism to enjoin from striking workers in industries in which a strike would create a national emergency. , the federal government most recently invoked these statutory provisions to obtain an injunction requiring the
International Longshore and Warehouse Union The International Longshore and Warehouse Union (ILWU) is a labor union which primarily represents dock workers on the West Coast of the United States, Hawaii, and in British Columbia, Canada. The union was established in 1937 after the 1934 Wes ...
to return to work in 2002 after having been locked out by the employer group, the Pacific Maritime Association. Some jurisdictions prohibit all strikes by public employees, under laws such as the "
Taylor Law The Public Employees Fair Employment Act, more commonly known as the Taylor Law, is Article 14 of the New York State Civil Service Law, which defines the rights and limitations of unions for public employees in New York. The Public Employees Fa ...
" in
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...
. Other jurisdictions impose strike bans only on certain categories of workers, particularly those regarded as critical to society:
police The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
,
teachers A teacher, also called a schoolteacher or formally an educator, is a person who helps students to acquire knowledge, competence, or virtue, via the practice of teaching. ''Informally'' the role of teacher may be taken on by anyone (e.g. whe ...
and
firefighter A firefighter is a first responder and rescuer extensively trained in firefighting, primarily to extinguish hazardous fires that threaten life, property, and the environment as well as to rescue people and in some cases or jurisdictions also ...
s are among the groups commonly barred from striking in these jurisdictions. Some states, such as
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
,
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
,
Iowa Iowa () is a state in the Midwestern region of the United States, bordered by the Mississippi River to the east and the Missouri River and Big Sioux River to the west. It is bordered by six states: Wisconsin to the northeast, Illinois to the ...
or
Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
, do not allow teachers in public schools to strike. Workers have sometimes circumvented these restrictions by falsely claiming inability to work due to illnessthis is sometimes called a "sickout" or "blue flu", the latter receiving its name from the uniforms worn by police officers, who are traditionally prohibited from striking. The term "red flu" has sometimes been used to describe this action when undertaken by firefighters. Under federal law, federal employees who participate in a strike, or who assert the right to strike against the US government, are barred from retaining their employment. Often, specific regulations on strike actions exist for employees in prisons. The
Code of Federal Regulations In the law of the United States, the ''Code of Federal Regulations'' (''CFR'') is the codification of the general and permanent regulations promulgated by the executive departments and agencies of the federal government of the United States. ...
declares "encouraging others to refuse to work, or to participate in a work stoppage" by prisoners to be a "High Severity Level Prohibited Act" and authorizes
solitary confinement Solitary confinement is a form of imprisonment in which the inmate lives in a single cell with little or no meaningful contact with other people. A prison may enforce stricter measures to control contraband on a solitary prisoner and use additi ...
for periods of up to a year for each violation. The
California Code of Regulations The California Code of Regulations (CCR, Cal. Code Regs.) is the codification of the general and permanent rules and regulations (sometimes called administrative law) announced in the ''California Regulatory Notice Register'' by California state ...
states that " rticipation in a strike or work stoppage", " fusal to perform work or participate in a program as ordered or assigned", and " curring failure to meet work or program expectations within the inmate's abilities when lesser disciplinary methods failed to correct the misconduct" by prisoners is "serious misconduct" under §3315(a)(3)(L), leading to
gang A gang is a group or society of associates, friends or members of a family with a defined leadership and internal organization that identifies with or claims control over territory in a community and engages, either individually or collectivel ...
affiliation under CCR §3000. Postal workers involved in 1978 wildcat strikes in
Jersey City Jersey City is the second-most populous city in the U.S. state of New Jersey, after Newark.Kearny, New Jersey Kearny ( ) is a town in the western part of Hudson County, New Jersey, United States and a suburb of Newark. As of the 2010 United States Census, the town's population was 40,684,San Francisco San Francisco (; Spanish language, Spanish for "Francis of Assisi, Saint Francis"), officially the City and County of San Francisco, is the commercial, financial, and cultural center of Northern California. The city proper is the List of Ca ...
, and
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
were fired under the presidency of
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
, and President
Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
fired
air traffic controller Air traffic control specialists, abbreviated ATCS, are personnel responsible for the safe, orderly, and expeditious flow of air traffic in the global air traffic control system. Usually stationed in air traffic control centers and control ...
s and the PATCO union after the air traffic controllers' strike of 1981. The West Virginia teacher's strike in 2018 inspired teachers in other states, including
Oklahoma Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
,
Colorado Colorado (, other variants) is a state in the Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of t ...
, and
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, to take similar action.


Jurisprudence and philosophy

Strike actions have also been discussed from the perspective of
jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning a ...
and philosophy, with issues being raised such as whether people have a right to strike, the interaction of strikes with other rights, civil order, coercion, justice and the interplay between striking and contracts.


Strikebreakers

A ''strikebreaker'' (sometimes derogatorily called a ''scab'', ''blackleg'', or ''knobstick'') is a person who works despite an ongoing strike. Strikebreakers are usually individuals who are not employed by the company prior to the
trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
dispute, but rather hired after or during the strike to keep the organization running. "Strikebreakers" may also refer to workers (union members or not) who cross
picket line A picket line is a horizontal rope along which horses are tied at intervals. The rope can be on the ground, at chest height (above the knees, below the neck) or overhead. The overhead form is usually called a high line. A variant of a high li ...
s to work. Irwin, Jones, McGovern (2008) believe that the term "scab" is part of a larger metaphor involving strikes. They argue that the picket line is symbolic of a wound and those who break its borders to return to work are the scabs who bond that wound. Others have argued that the word is not a part of a larger metaphor but, rather, was an old-fashioned English insult whose meaning narrowed over time. "Blackleg" is an older word and is found in the 19th-century folk song "
Blackleg Miner "Blackleg Miner" is a 19th-century English folk song, originally from Northumberland (as can be deduced from the dialect in the song and the references in it to the villages of Seghill and Seaton Delaval). Its Roud number is 3193. The song is o ...
" which originated in
Northumberland Northumberland () is a county in Northern England, one of two counties in England which border with Scotland. Notable landmarks in the county include Alnwick Castle, Bamburgh Castle, Hadrian's Wall and Hexham Abbey. It is bordered by land on ...
. The term does not necessarily owe its origins to this tune of unknown origin.


Union strikebreaking

The concept of ''union strikebreaking'' or ''union scabbing'' refers to any circumstance in which union workers themselves cross picket lines to work. Unionized workers are sometimes required to cross the picket lines established by other unions due to their organizations having signed contracts which include no-strike clauses. The no-strike clause typically requires that members of the union not conduct any strike action for the duration of the contract; such actions are called ''sympathy'' or ''secondary strikes''. Members who honor the picket line in spite of the contract frequently face discipline, for their action may be viewed as a violation of provisions of the contract. Therefore, any union conducting a strike action typically seeks to include a provision of amnesty for all who honored the picket line in the agreement that settles the strike. No-strike clauses may also prevent unionized workers from engaging in solidarity actions for other workers even when no picket line is crossed. For example, striking workers in manufacturing or mining produce a product which must be transported. In a situation where the factory or mine owners have replaced the strikers, unionized transport workers may feel inclined to refuse to haul any product that is produced by strikebreakers, yet their own contract obligates them to do so. Historically the practice of union strikebreaking has been a contentious issue in the union movement, and a point of contention between adherents of different union philosophies. For example, supporters of
industrial unions Industrial unionism is a trade union organizing method through which all workers in the same industry are organized into the same union, regardless of skill or trade, thus giving workers in one industry, or in all industries, more leverage in ...
, which have sought to organize entire workplaces without regard to individual skills, have criticized
craft unions Craft unionism refers to a model of trade unionism in which workers are organised based on the particular craft or trade in which they work. It contrasts with industrial unionism, in which all workers in the same industry are organized into the sa ...
for organizing workplaces into separate unions according to skill, a circumstance that makes union strikebreaking more common. Union strikebreaking is not unique to craft unions.


Anti-strike action

Most strikes called by unions are somewhat predictable; they typically occur after the contract has expired. However, not all strikes are called by union organizationssome strikes have been called in an effort to pressure employers to recognize unions. Other strikes may be spontaneous actions by working people. Spontaneous strikes are sometimes called "
wildcat strike The wildcat is a species complex comprising two small wild cat species: the European wildcat (''Felis silvestris'') and the African wildcat (''F. lybica''). The European wildcat inhabits forests in Europe, Anatolia and the Caucasus, while the ...
s"; they were the key fighting point in
May 1968 in France Beginning in May 1968, a period of civil unrest occurred throughout France, lasting some seven weeks and punctuated by demonstrations, general strikes, as well as the occupation of universities and factories. At the height of events, which ha ...
; most commonly, they are responses to serious (often life-threatening) safety hazards in the workplace rather than wage or hour disputes, etc. Whatever the cause of the strike, employers are generally motivated to take measures to prevent them, mitigate the impact, or to undermine strikes when they do occur.


Strike preparation

Companies which produce products for sale will frequently increase inventories prior to a strike. Salaried employees may be called upon to take the place of strikers, which may entail advance training. If the company has multiple locations, personnel may be redeployed to meet the needs of reduced staff. Companies may also take out ''
strike insurance Strike may refer to: People *Strike (surname) Physical confrontation or removal *Strike (attack), attack with an inanimate object or a part of the human body intended to cause harm *Airstrike, military strike by air forces on either a suspected ...
'', to help offset the losses which a strike would cause. When established unions commence strike action, some companies may decline entirely to negotiate with the union, and respond to the strike by hiring replacement workers. For strikers, this may be concerning for multiple reasons. For example, they may fear that the strike will be lost. The length of time that the strike may last could cause many workers to cease striking, which would likely cause it to fail. They may also be concerned that they will lose their jobs entirely. Companies that hire strikebreakers typically use these concerns to attempt to convince union members to abandon the strike and cross the union's
picket line A picket line is a horizontal rope along which horses are tied at intervals. The rope can be on the ground, at chest height (above the knees, below the neck) or overhead. The overhead form is usually called a high line. A variant of a high li ...
. Unions faced with a strikebreaking situation may try to inhibit the use of strikebreakers by a variety of methodsestablishing picket lines where strikebreakers enter the workplace; discouraging strike breakers from taking, or from keeping, strikebreaking jobs; raising the cost of hiring strikebreakers for the company; or employing public relations tactics. Companies may respond by increasing security forces and seeking court injunctions. Examining conditions in the late 1990s, John Logan observed that union busting agencies helped to "transform economic strikes into a virtually suicidal tactic for US unions". Logan further observed, "as strike rates in the United States have plummeted to historic low levels, the demand for strike management firms has also declined.""The Union Avoidance Industry in the United States", ''British Journal of Industrial Relations'', John Logan, Blackwell Publishing Ltd, December 2006, pp. 651–675. In the US, as established in the
National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...
there is a legally protected right for private sector employees to strike to gain better wages, benefits, or working conditions and they cannot be fired. Striking for economic reasons (like protesting workplace conditions or supporting a union's bargaining demands) allows an employer to hire permanent replacements. The replacement worker can continue in the job and then the striking worker must wait for a vacancy. But if the strike is due to unfair labor practices, the strikers replaced can demand immediate reinstatement when the strike ends. If a collective bargaining agreement is in effect, and it contains a "no-strike clause", a strike during the life of the contract could result in the firing of all striking employees which could result in dissolution of that union. Although this is legal it could be viewed as union busting.


Strike breaking

Some companies negotiate with the union during a strike; other companies may see a strike as an opportunity to eliminate the union. This is sometimes accomplished by the importation of replacement workers,
strikebreaker A strikebreaker (sometimes called a scab, blackleg, or knobstick) is a person who works despite a strike. Strikebreakers are usually individuals who were not employed by the company before the trade union dispute but hired after or during the st ...
s or "scabs". Historically, strike breaking has often coincided with union busting. It was also called ' black legging' in the early twentieth century, during the Russian socialist movement.


Union busting

One method of inhibiting or ending a strike is firing union members who are striking which can result in elimination of the union. Although this has happened, it is rare due to laws regarding firing and "right to strike" having a wide range of differences in the US depending on whether union members are public or private sector. Laws also vary country to country. In the UK, "It is important to understand that there is no right to strike in UK law." Employees who strike risk dismissal, unless it is an official strike (one called or endorsed by their union) in which case they are protected from unlawful dismissal, and cannot be fired for at least 12 weeks. UK laws regarding work stoppages and strikes are defined within the
Employment Relations Act 1999 The Employment Relations Act 1999c 26 is an Act of Parliament of the United Kingdom. It made significant amendments in UK labour law to the Trade Union and Labour Relations (Consolidation) Act 1992. Provisions Trade unions Sections 1 to 6 concer ...
and the
Trade Union and Labour Relations (Consolidation) Act 1992 The Trade Union and Labour Relations (Consolidation) Act 1992c 52 is a UK Act of Parliament which regulates United Kingdom labour law. The Act applies in full in England and Wales and in Scotland, and partially in Northern Ireland. The law con ...
. A significant case of mass-dismissals in the UK in 2005 involved the sacking of over 600 Gate Gourmet employees at Heathrow Airport. The sacking prompted a walkout by British Airways ground staff leading to cancelled flights and thousands of delayed passengers. The walkout was illegal under UK law and the T&GWU quickly brought it to an end. A subsequent court case ruled that demonstrations on a grass verge approaching the Gate Gourmet premises were not illegal, but limited the number and made the T&G responsible for their action.
BC News 21 August 2005 BC most often refers to: * Before Christ, a calendar era based on the traditionally reckoned year of the birth of Jesus of Nazareth * British Columbia, the westernmost province of Canada * Baja California, a state of Mexico BC may also refer to: ...
https://news.bbc.co.uk/2/hi/business/4168084.stm
In 1962, US President
John F. Kennedy John Fitzgerald Kennedy (May 29, 1917 – November 22, 1963), often referred to by his initials JFK and the nickname Jack, was an American politician who served as the 35th president of the United States from 1961 until his assassination i ...
issued Executive Order #10988 xecutive Order 10988 http://www.presidency.ucsb.edu/ws/index.php?pid=58926#axzz1iul5EQQB which permitted federal employees to form trade unions but prohibited strikes (codified in 1966 at 5 U.S.C. 7311Loyalty and Striking). In 1981, after public sector union PATCO ( Professional Air Traffic Controllers Organization) went on strike illegally, President
Ronald Reagan Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
fired all of the controllers. His action resulted in the dissolution of the union. PATCO reformed to become the
National Air Traffic Controllers Association The National Air Traffic Controllers Association (NATCA) is a labor union in the United States. It is affiliated with the AFL–CIO, and is the exclusive bargaining representative for air traffic controllers employed by the Federal Aviation Admin ...
. In the U.S., as established in the
National Labor Relations Act The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and ...
there is a legally protected right for private sector employees to strike to gain better wages, benefits, or working conditions and they cannot be fired. Striking for economic reasons (i.e., protesting workplace conditions or supporting a union's bargaining demands) allows an employer to hire permanent replacements. The replacement worker can continue in the job and then the striking worker must wait for a vacancy. But if the strike is due to
unfair labor practice An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator R ...
s (ULP), the strikers replaced can demand immediate reinstatement when the strike ends. If a collective bargaining agreement is in effect, and it contains a "no-strike clause", a strike during the life of the contract could result in the firing of all striking employees which could result in dissolution of that union. Amazon has used the Law firm Wilmerhale to legally end worker strikes at its locations.


Lockout

Another counter to a strike is a
lockout Lockout may refer to: * Lockout (industry), a type of work stoppage **Dublin Lockout, a major industrial dispute between approximately 20,000 workers and 300 employers 1913 - 1914 * Lockout (sports), lockout in sports leagues **MLB lockout, lock ...
, a form of work stoppage in which an employer refuses to allow employees to work. Two of the three employers involved in the Caravan park grocery workers strike of 2003–2004 locked out their employees in response to a strike against the third member of the employer bargaining group. Lockouts are, with certain exceptions, lawful under
United States labor law United States labor law sets the rights and duties for employees, Labor unions in the United States, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and em ...
.


Violence

Historically, some employers have attempted to break union strikes by force. One of the most famous examples of this occurred during the
Homestead Strike The Homestead strike, also known as the Homestead steel strike, Homestead massacre, or Battle of Homestead, was an industrial lockout and strike that began on July 1, 1892, culminating in a battle in which strikers defeated private security agent ...
of 1892. Industrialist
Henry Clay Frick Henry Clay Frick (December 19, 1849 – December 2, 1919) was an American industrialist, financier, and art patron. He founded the H. C. Frick & Company coke manufacturing company, was chairman of the Carnegie Steel Company, and played a major ...
sent private security agents from the
Pinkerton National Detective Agency Pinkerton is a private security guard and detective agency established around 1850 in the United States by Scottish-born cooper Allan Pinkerton and Chicago attorney Edward Rucker as the North-Western Police Agency, which later became Pinkerton ...
to break the
Amalgamated Association of Iron and Steel Workers Amalgamated Association of Iron and Steel Workers (AA) was an American labor union formed in 1876 to represent iron and steel workers. It partnered with the Steel Workers Organizing Committee of the CIO, in November 1935. Both organizations di ...
strike at a
Homestead Homestead may refer to: *Homestead (buildings), a farmhouse and its adjacent outbuildings; by extension, it can mean any small cluster of houses *Homestead (unit), a unit of measurement equal to 160 acres *Homestead principle, a legal concept th ...
,
Pennsylvania Pennsylvania (; ( Pennsylvania Dutch: )), officially the Commonwealth of Pennsylvania, is a state spanning the Mid-Atlantic, Northeastern, Appalachian, and Great Lakes regions of the United States. It borders Delaware to its southeast, ...
steel mill. Two strikers were killed, twelve wounded, along with two Pinkertons killed and eleven wounded. In the aftermath, Frick was shot in the neck and then stabbed by
Alexander Berkman Alexander Berkman (November 21, 1870June 28, 1936) was a Russian-American anarchist and author. He was a leading member of the anarchist movement in the early 20th century, famous for both his political activism and his writing. B ...
, surviving the attack, while Berkman was sentenced to 22 years in prison.


Films


Non-fiction

* ''
Final Offer ''Final Offer'' is a Canadian film documenting the 1984 contract negotiations between the United Auto Workers Union (UAW) and GM. Ultimately, it provided a historical record of the birth of the Canadian Auto Workers Union (CAW) as Bob White, the ...
''A look at the 1984 contract negotiations between General Motors and its union. * ''
Harlan County, USA ''Harlan County, USA'' is a 1976 American documentary film covering the "Brookside Strike", a 1973 effort of 180 coal miners and their wives against the Duke Power Company-owned Eastover Coal Company's Brookside Mine and Prep Plant in Harlan C ...
'', Director:
Barbara Kopple Barbara Kopple (born July 30, 1946) is an American film director known primarily for her documentary work. She has won two Academy Awards, the first in 1977 for ''Harlan County, USA'', about a Kentucky miners' strike, /sup> and the second in ...
, USA 1976–A
documentary film A documentary film or documentary is a non-fictional film, motion-picture intended to "document reality, primarily for the purposes of instruction, education or maintaining a Recorded history, historical record". Bill Nichols (film critic), Bil ...
about a very long and bitter strike of coal miners in Kentucky * '' American Dream,'' Director:
Barbara Kopple Barbara Kopple (born July 30, 1946) is an American film director known primarily for her documentary work. She has won two Academy Awards, the first in 1977 for ''Harlan County, USA'', about a Kentucky miners' strike, /sup> and the second in ...
, USA 1990A
documentary film A documentary film or documentary is a non-fictional film, motion-picture intended to "document reality, primarily for the purposes of instruction, education or maintaining a Recorded history, historical record". Bill Nichols (film critic), Bil ...
about the unsuccessful 1985–1986 meatpacker's strike against
Hormel Foods Hormel Foods Corporation is an American food processing company founded in 1891 in Austin, Minnesota, by George A. Hormel as George A. Hormel & Company. The company originally focused on the packaging and selling of ham, sausage and other pork, ...
in
Austin Austin is the capital city of the U.S. state of Texas, as well as the seat and largest city of Travis County, with portions extending into Hays and Williamson counties. Incorporated on December 27, 1839, it is the 11th-most-populous city ...
,
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
. *
Jimmy Hoffa James Riddle Hoffa (born February 14, 1913 – disappeared July 30, 1975; declared dead July 30, 1982) was an American labor union leader who served as the president of the International Brotherhood of Teamsters (IBT) from 1957 until 1971. F ...
, a
labor union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ( ...
leader who ran the
International Brotherhood of Teamsters The International Brotherhood of Teamsters (IBT), also known as the Teamsters Union, is a labor union in the United States and Canada. Formed in 1903 by the merger of The Team Drivers International Union and The Teamsters National Union, the un ...
(IBT) union from 1958 until 1971, was portrayed by
Robert Blake Robert Blake may refer to: Sportspeople * Bob Blake (American football) (1885–1962), American football player * Robbie Blake (born 1976), English footballer * Bob Blake (ice hockey) (1914–2008), American ice hockey player * Rob Blake (born 19 ...
in the 1983 TV-film ''
Blood Feud A feud , referred to in more extreme cases as a blood feud, vendetta, faida, clan war, gang war, or private war, is a long-running argument or fight, often between social groups of people, especially families or clans. Feuds begin because one part ...
'',
Trey Wilson Donald Yearnsley "Trey" Wilson III (January 21, 1948 – January 16, 1989) was an American character actor known for playing rural, authoritarian-type characters, most notably in comedies such as ''Raising Arizona'' and ''Bull Durham''. Career D ...
in the 1985 television miniseries ''
Robert Kennedy & His Times ''Robert Kennedy and His Times'' is a 1985 American television miniseries directed by Marvin J. Chomsky, based on the 1978 Robert F. Kennedy biography of the same name by Arthur M. Schlesinger, Jr. Cast Awards and nominations See also * Cul ...
'', and by
Jack Nicholson John Joseph Nicholson (born April 22, 1937) is an American retired actor and filmmaker. He is widely regarded as one of the greatest actors of all time. In many of his films, he played rebels against the social structure. He received numerous ...
in the 1992 biographical film '' Hoffa''. * ''
Newsies ''Newsies'' (released as ''The News Boys'' in the United Kingdom) is a 1992 American musical historical comedy-drama film produced by Walt Disney Pictures and directed by choreographer Kenny Ortega in his film directing debut. Loosely based on ...
'', a
Disney The Walt Disney Company, commonly known as Disney (), is an American multinational mass media and entertainment conglomerate headquartered at the Walt Disney Studios complex in Burbank, California. Disney was originally founded on October ...
movie based on the Newsboys' strike of 1899, Newsboys' Strike of 1899 directed by Kenny Ortega and music composed by Alan Menken. * ''Bastard Boys'', A miniseries based on the 1998 Australian waterfront dispute. * ''Made in Dagenham'', A film about the strike by female employees at the Ford Motor company in the UK. * ''The Great Grunwick Strike 1976-1978'' Director: Chris Thomas, Brent Trades Union Council (2007 film)


Fiction

* ''Strike (1925 film), Statschka'' ("Strike"), Director: Sergei Eisenstein, Soviet Union 1924 * ''Brother (1929 film), Brüder'' ("Brother"), Director: Werner Hochbaum, Germany 1929–On the general strike in the port of Hamburg, Germany in 1896/97 * ''The Stars Look Down (film), The Stars Look Down'', Director: Carol Reed, England 1939Film about a strike over safety standards at a coal mine in North-East Englandbased on the A.J. Cronin, Cronin novel * ''The Grapes of Wrath (film), The Grapes of Wrath'' a 1940 film by John Ford includes description of migrant workers striking, and its violent breaking by employers, assisted by the police. Based on The Grapes of Wrath, the novel by John Steinbeck. * ''Salt of the Earth (1954 film), Salt of the Earth'', Director: Herbert J. Biberman, USA 1953–Fictionalized account of an actual zinc-miners' strike in Silver City, New Mexico, in which women took over the picket line to circumvent an injunction barring "striking miners" from company property. The striking women were largely played by real members of the strike, and one woman was deported to Mexico while filming. The union organizer Clinton Jencks (from Jencks v. United States fame) also participated. * ''The Molly Maguires (film), The Molly Maguires'', Director: Martin Ritt, 1970 film starring Sean Connery and Richard Harris. Frustrated by the failure of strike action to achieve their industrial objectives, a secret society among Pennsylvania coal miners sabotages the mine with explosives to try to get what their industrial action failed to obtain. A Pinkerton agent infiltrates them. * ''F.I.S.T. (film), F.I.S.T.'', Director: Norman Jewison, 1978loosely based on the Teamsters union and former president Jimmy Hoffa. * ''Norma Rae'', Director: Martin Ritt, 1979. * ''Matewan'', Director: John Sayles, 1987critically acclaimed account of a coal mine-workers' strike and attempt to unionize in 1920 in Matewan, a small town in the hills of West Virginia. * ''Made in Dagenham'', 2010based on the strike at Ford Motor Company, Fords plant in Dagenham, England, UK, which won equal pay for female workers.


Other uses

* Sometimes, "to go on strike" is used figuratively for machinery or equipment not working due to malfunction, e.g. "''My computer's on strike''".


See also

* 1891 Australian shearers' strike * Collective bargaining * Decent work * Demonstration (political) * Earth Strike * Fare strike * General strike * International comparisons of labor unions * Labor law * Labor rights * List of strikes * Living wage * Minimum wage * Occupation of factories * Occupational safety and health * Seattle General Strike of 1919 * Sitdown strike * Sitting on a man * Stay away * Strike in Bangladesh * Syndicalism * The Burke Group * Union Organizer * Wildcat strike action * Work-to-rule * Workplace democracy


References


Further reading

* Norwood, Stephen H. ''Strikebreaking and Intimidation.'' Chapel Hill, N.C.: University of North Carolina Press, 2002. * Montgomery, David. "Strikes in Nineteenth-Century America," ''Social Science History'' (1980) 4#1 pp. 81–10
in JSTOR
includes some comparative data * Silver, Beverly J. ''Forces of Labor: Workers' Movements and Globalization Since 1870.'' New York: Cambridge University Press, 2003.


External links



*
News and histories of strikes from around the world


* [http://www.ilo.org/public/english/dialogue/ifpdial/info/national/ire.htm#15 Labour Law Profile: Ireland]
Strike! Famous Worker Uprisings
 – slideshow by ''Life (magazine), Life'' {{DEFAULTSORT:Strike Action Strikes (protest), Protest tactics Labor disputes