An organisational strike occurs when a collective of workers cease their work in order to compel their employer to fulfil their requests. This can involve either refusing to work altogether or working at a reduced pace. Various types of strikes exist, including economic strikes aimed at securing better wages, recognition strikes intended to gain acknowledgement from the employer for the union, and sympathy strikes conducted to demonstrate solidarity with other unions. Certain strikes are deemed illegal, such as those employing unlawful methods or pursuing unlawful objectives.
A recognition strike, also known as an organisational strike, is a work stoppage initiated by employees to compel their employer to meet their demands and recognize their union as the collective bargaining agent. This type of strike is distinct from economic strikes, which are focused on wage and economic issues, and sympathy strikes, which are intended to show solidarity with other unions involved in labor disputes. During an organisational strike, employees may refuse to work or reduce their output to apply pressure on the employer. However, recognition strikes became unnecessary after the passage of the National Labor Relations Act in 1935, which mandates that employers recognize NLRB-certified unions for bargaining purposes.
Yes, organisations can go on strike if their members or employees collectively decide to withhold their labor as a form of protest or negotiation tactic.
The purpose of an organisational strike is to put pressure on the employer to meet certain demands, such as better working conditions, higher wages, or improved benefits.
In many jurisdictions, there are legal requirements that must be met before an organisational strike can take place. These requirements may include giving advance notice to the employer or obtaining approval from a labor union or regulatory body.
Organizations can be held liable for damages caused during a strike if it can be proven that they were responsible for the actions that led to the damages. However, liability may vary depending on the specific circumstances and jurisdiction.
In some jurisdictions, it is illegal for an organisation to fire employees solely for participating in a strike. However, there may be exceptions if the strike is deemed illegal or if the employees engage in misconduct during the strike.
Yes, organisations have the right to hire replacement workers during a strike to continue their operations. However, there may be restrictions or regulations in place regarding the hiring of replacement workers, depending on the jurisdiction.
While organisations are not legally obligated to negotiate during a strike, the pressure created by the strike may encourage them to engage in negotiations to resolve the issues at hand.
Organizations can seek legal action against a striking union or employees if they believe that the strike is illegal or if they have suffered significant damages as a result of the strike. However, the success of such legal action will depend on the specific circumstances and applicable laws.
In certain situations, an organisation may be able to obtain an injunction from a court to stop a strike if it can demonstrate that the strike is causing irreparable harm or if it is deemed illegal. However, obtaining an injunction is not always guaranteed and depends on the jurisdiction and specific circumstances.
Yes, an organisation can face legal consequences for unfair labor practices during a strike. Unfair labor practices may include actions such as intimidating or retaliating against employees for participating in a strike, interfering with their rights to organize, or refusing to negotiate in good faith.
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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