Define: No-Strike Clause

No-Strike Clause
No-Strike Clause
Quick Summary of No-Strike Clause

A no-strike clause is a provision in a workers’ contract that prohibits them from going on strike. Instead, they are required to utilise arbitration, a specialized system, to address any issues that may arise.

Full Definition Of No-Strike Clause

A no-strike clause is a provision in a labor agreement that prohibits employees from striking and instead requires them to resolve disputes through arbitration. For example, if a union and a company have a labor agreement with a no-strike clause, they must use the arbitration process to address any conflicts rather than resorting to a strike. This clause aims to prevent work stoppages and maintain a stable and productive work environment by promoting collaboration and issue resolution through arbitration.

No-Strike Clause FAQ'S

A no-strike clause is a provision in a labor contract that prohibits employees from engaging in strikes or work stoppages during the term of the contract.

Yes, no-strike clauses are legal and enforceable under federal labor law.

Yes, an employer can require employees to sign a no-strike clause as a condition of employment.

If employees violate a no-strike clause, they may be subject to disciplinary action, including termination of employment.

Yes, a union can agree to a no-strike clause as part of a collective bargaining agreement.

Yes, a no-strike clause can be waived by mutual agreement of the employer and the union.

Yes, an employer can lock out employees during a no-strike clause if the lockout is in response to a strike or work stoppage.

Yes, an employer can hire replacement workers during a no-strike clause if the strike or work stoppage is ongoing.

Yes, an employer can sue employees for damages caused by a strike during a no-strike clause.

Yes, employees can challenge the validity of a no-strike clause if they believe it violates their rights under federal labor law.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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