Solidarity action (also known as secondary action, a secondary boycott, a solidarity strike, or a sympathy strike) is

industrial action Industrial action (British English) or job action (American English) is a temporary show of dissatisfaction by employees—especially a strike action, strike or slowdown or working to rule—to protest against bad working conditions or low pay a ...

by 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 ( ...

in support of a

strike 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 ...

initiated by workers in a separate corporation, but often the same

enterprise Enterprise (or the archaic spelling Enterprize) may refer to: Business and economics Brands and enterprises * Enterprise GP Holdings, an energy holding company * Enterprise plc, a UK civil engineering and maintenance company * Enterprise ...

group of companies A corporate group or group of companies is a collection of parent and subsidiary corporations that function as a single economic entity through a common source of control. These types of groups are often managed by an account manager. The concept ...

, or connected firm. In

Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

, Latvia, Luxembourg, the Netherlands, the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

, and 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 ...

, solidarity action is illegal, and strikes can only be against the contractual

employer 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 othe ...

Germany Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...

, Italy and Spain have restrictions in place that restrict the circumstances in which solidarity action can take place (see

European labour law European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...

). The term "secondary action" is often used with the intention of distinguishing different types of trade dispute with a worker's direct contractual employer. Thus, a secondary action is a dispute with the employer's

parent company A holding company is a company whose primary business is holding a controlling interest in the securities of other companies. A holding company usually does not produce goods or services itself. Its purpose is to own shares of other companies ...

, its suppliers,

financiers An investor is a person who allocates financial capital with the expectation of a future return (profit) or to gain an advantage (interest). Through this allocated capital most of the time the investor purchases some species of property. Type ...

, contracting parties, or any other employer in another industry.

Australia

In Australia, secondary boycotts are prohibited by the

Competition and Consumer Act 2010 The ''Competition and Consumer Act 2010'' (CCA) is an Act of the Parliament of Australia. Prior to 1 January 2011, it was known as the ''Trade Practices Act 1974'' (TPA). The Act is the legislative vehicle for competition law in Australia, an ...

., sections 45D to 45DD. In the 1910s, sympathy strikes were sometimes called to extend a strike beyond the bounds of an

Australian state The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing ...

to make it eligible for handling by the federal arbitration court.

United Kingdom

In the United Kingdom, sympathy strikes were outlawed by the

Trade Disputes and Trade Unions Act 1927 The Trade Disputes and Trade Unions Act 1927 ( 17 and 18 Geo V c 22) was a British Act of Parliament passed in response to the General Strike of 1926, introduced by the Attorney General for England and Wales, Sir Douglas Hogg MP. Provisions R ...

in the aftermath 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 ...

. That was repealed by the

Trade Disputes and Trade Unions Act 1946 The Trade Disputes And Trade Unions Act 1946 (9 & 10 Geo. VI c. 52) was a British Act of Parliament passed by post-war Labour government to repeal the Trade Disputes and Trade Unions Act 1927. Repeal The Act was repealed by the Schedule 1 of the ...

, passed by the postwar Labour Government. Solidarity action remained legal until 1980, when the government of Margaret Thatcher passed the

Employment Act 1980 The Employment Act 1980 (c 42) is an Act of the Parliament of the United Kingdom, passed under the first term of Margaret Thatcher's premiership and mainly relating to trade unions. Overview It restricted the definition of lawful picketing 'str ...

to restrict it. That was followed by the

Employment Act 1990 The Employment Act 1990 is a piece of industrial relations legislation of the United Kingdom. The Act banned closed shops, which had already been restricted by the Employment Act 1982 by requiring 80-85% to support them (such an impractical requir ...

, which outlawed solidarity action entirely. The laws outlawing solidarity strikes remain to this day. In 2005, union leaders called for the legalization of solidarity strikes in the aftermath of the strike action against the catering company

Gate Gourmet A gate or gateway is a point of entry to or from a space enclosed by walls. The word derived from old Norse "gat" meaning road or path; But other terms include ''yett and port''. The concept originally referred to the gap or hole in the wall ...

, but Labour ministers stated that they had no intention of repealing the law.

British Airways British Airways (BA) is the flag carrier airline of the United Kingdom. It is headquartered in London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a populati ...

staff walked out in solidarity, however.

United States

Because farm laborers in the United States are not covered by the

Wagner 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 ...

, the

United Farm Workers The United Farm Workers of America, or more commonly just United Farm Workers (UFW), is a labor union for farmworkers in the United States. It originated from the merger of two workers' rights organizations, the Agricultural Workers Organizing ...

union has legally used solidarity boycotting of

grocery store A grocery store ( AE), grocery shop ( BE) or simply grocery is a store that primarily retails a general range of food products, which may be fresh or packaged. In everyday U.S. usage, however, "grocery store" is a synonym for supermarket, a ...

chains to aid to its strikes against

California California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...

agribusiness Agribusiness is the industry, enterprises, and the field of study of value chains in agriculture and in the bio-economy, in which case it is also called bio-business or bio-enterprise. The primary goal of agribusiness is to maximize profit w ...

and its primary boycotts of California grapes, lettuce and wine. Its secondary boycotts involved asking consumers to stop shopping at a grocery store chain until the chain stopped carrying the boycotted grapes, lettuce, or wine. Secondary boycotting is frequently confused with secondary striking, also a prohibited tactic for labour unions covered by the

Taft–Hartley Act The Labor Management Relations Act of 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. It was enacted by the 80th United States Congress over the veto of Preside ...

. Some legal definitions for secondary boycotting divide it into two different kinds: secondary consumer boycotts according to the above definition of secondary boycotts, and secondary employee boycotts, also defined as a secondary strike.

Notes

References

*M Kite and T Freinberg, 'Unions to Challenge Blair Over Ban on Secondary Strikes' (''Daily Telegraph'', 27 August 2005). {{Organized labor, sp=ox Community organizing Protest tactics Strikes (protest)

Australia

United Kingdom

United States

See also

Notes

References