A no-strike clause is a provision in a collective bargaining contract in which the union promises that during the life of the contract the employees will not engage in strikes, slowdowns, or other job actions. A union often agrees to such a clause in exchange for a grievance.
Table of contents
- Featured Verse Topics
- Provision of valid strike under the Industrial Dispute Act, 1947-
- Strike Definition | What Does Strike Mean
- Strikes and lockouts
A union must hold a secret ballot before going on strike unless a strike is for a health or safety issue. All union members can participate in the secret ballot. The majority of members who vote must be in favour of the action for it to proceed. The union must announce the results of the ballot to the members who were entitled to vote as soon as reasonably practicable. A partial strike is where employees are still undertaking some form of their work ie they have not withdrawn their labour in full. Employers may respond to a partial strike by either bearing the cost of the strike, suspending employees who are a party to the partial strike, or lockout employees who are engaged in a partial strike locked out and suspended employees are not entitled to any remuneration.
Featured Verse Topics
There are strict notice requirements for strikes and lockouts designed to allow an opportunity for negotiations and mediation, and to allow for conting ency plans to be prepared. A strike or lockout is unlawful if it fails to give the required notice. Any omission or error eg typo about the specified information that is minor and technical in nature will not invalidate the notice.
What may be minor or technical will be up to Employment Relations Authority to decide on a case by case basis. The information in the notice must be clear enough so that a reasonable recipient of the notice would be able to make plans to deal with the action without using up the timeframe trying to clarify the information provided. While compliance with notice requirements is expected, the Employment Court may choose to take a practical rather than pedantic approach to interpreting the legality of a strike or lockout notice.
Strike and lockout notices are an important part of a strike or lockout in essential services or certain transport services and schools. They give the parties a chance to reach an agreement to avoid the strike or lockout, and give the other parties a chance to make contingency plans. If there is a strike or lock-out over collective bargaining in an essential service, and the proposed strike will affect the public interest including public safety or health a union or employer must give written notice to the other parties within the specified timeframe.
The party giving notice should make sure that the method of giving notice actually brings it to the attention of the other party, eg pushing an envelope under closed doors after hours will not bring it to the attention of the other party. This should be done at the same time as notice is given to the other party so that employment mediation services can be offered as soon as possible. A strike or lockout notice can be withdrawn at any time by written notice to the other party and the Chief Executive of the Ministry of Business, Innovation and Employment.
There is no minimum time for this to be done but employers need to know when a strike ends to be able to quickly restart normal pay to striking employees. An employer can suspend an employee who is on strike but must let them know why they plan to suspend them, including which section of the Employment Relations Act the employer is relying on. A suspended employee keeps being a party to the strike.
Employers can suspend non-striking employees until the strike ends, if the work they normally do is not available because of the strike. Non-striking employees can go to the Employment Relations Authority for a compliance order if they want to challenge the suspension. They can also ask for remedies eg back pay of wages. The duty of good faith continues with a strike or lockout. A sympathy strike 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 permitting employers to establish separate or "reserved" gates for particular trades, making it an unlawful secondary boycott 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 student strike 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 is a deliberate refusal to eat. Hunger strikes are often used in prisons as a form of political protest.
Provision of valid strike under the Industrial Dispute Act, 1947-
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.
Newspaper writers may withhold their names from their stories as a way to protest actions of their employer.
Activists may form " flying squad " 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. On 30 January , the Supreme Court of Canada ruled that there is a constitutional right to strike. This decision adopted the dissent by Chief Justice Brian Dickson in a Supreme Court ruling on a reference case brought by the province of Alberta.
The exact scope of this right to strike remains unclear. Canadian governments could also have imposed binding arbitration or a new contract on the disputing parties. Back to work legislation was first used in during a railway strike, and as of 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 " in which case all strikes are illegal. Examples include when the government of Canada passed back to work legislation during the Canada Post lockout and the CP Rail strike, thus effectively ending the strikes. In , the government's use of back to work legislation during the Canada Post lockout was ruled unconstitutional, with the judge specifically referencing the Supreme Court of Canada's decision Saskatchewan Federation of Labour v Saskatchewan.
Since the government in such systems claims to represent the working class, it has been argued that unions and strikes were not necessary. Vladimir Lenin referred to trade unions as "Schools of Communism". They were essentially state propaganda and control organs to regulate the workforce, also providing them with social activities. In France , 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 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 , and it took effect on 1 January 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.
- best personal lease deals on new cars?
- Online Language Dictionaries!
- jus by julie cleanse coupon?
- Strikes and lockouts » Employment New Zealand.
The unions did and still oppose this law and argue 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. Most importantly, they argue this law prevents the more hesitant workers from making the decision to join the strike the day before, once they've 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 that much, the effects of the strike. However, this law has not had much effect as strikes in public transports still occur in France and at times, the workers refuse to comply by the rules of this law.
The public transport industry — public or privately owned — remains 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 eyes of many, changed this fact. The Code of Practice on Industrial Action Ballots and Notices, and sections 22 and 25 of the Employment Relations Act , which concern industrial action notices, commenced on 1 October Legislation was enacted in the aftermath of the police strikes , forbidding British police from both taking industrial action, and discussing the possibility with colleagues.
The Police Federation which was created at the time to deal with employment grievances, and provide representation to police officers, has increasingly put pressure on the government, and repeatedly threatened strike action. Prison officers have gained and lost the right to strike over the years; most recently despite it being illegal, they walked out on 15 November  and again on 14 September The Railway Labor Act bans strikes by United States airline and railroad employees except in narrowly defined circumstances.
The National Labor Relations Act generally permits strikes, but provides a mechanism to enjoin strikes 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 return to work in 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 " in New York.
Other jurisdictions impose strike bans only on certain categories of workers, particularly those regarded as critical to society: police , teachers and firefighters are among the groups commonly barred from striking in these jurisdictions. Some states, such as New Jersey , Michigan , Iowa or Florida , do not allow teachers in public schools to strike. Workers have sometimes circumvented these restrictions by falsely claiming inability to work due to illness — this 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. Often, specific regulations on strike actions exist for employees in prisons. The Code of Federal Regulations 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 for periods of up to a year for each violation.
The West Virginia teachers' strike in inspired teachers in other states , including Oklahoma , Colorado , and Arizona , to take similar action. 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 dispute, but rather hired after or during the strike to keep the organization running.go
Strike Definition | What Does Strike Mean
Irwin, Jones, McGovern 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.
The term does not necessarily owe its origins to this tune of unknown origin. The song is, however, notable for its lyrics that encourage violent acts against strikebreakers. 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 , which have sought to organize entire workplaces without regard to individual skills, have criticized craft unions for organizing workplaces into separate unions according to skill, a circumstance that makes union strikebreaking more common.
Strikes and lockouts
Union strikebreaking is not, however, unique to craft unions. Most strikes called by unions are somewhat predictable; they typically occur after the contract has expired. However, not all strikes are called by union organizations — some 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 strikes "; they were the key fighting point in May in France ; 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. Video: pronunciation of 'strike'. Word Frequency. Word forms: past participle struck or stricken tr; passive ; usually foll by with to render incapable or nearly so.
- The Right to Strike.
- No-strike Pledge, World War II?
- FindLaw Legal Dictionary.
- white cloud fling coupons!
- triple paste coupon!
Word forms: past participle struck or stricken to render. Also called : ten-strike tenpin bowling a. Collins English Dictionary.
Derived forms. Word origin of 'strike'. US to come upon; arrive at. US to discover, as after drilling or prospecting. Obsolete to stroke or smooth. Obsolete to wage battle. Theatre a. US , US Navy to be in training for a specified rating. US any sudden success, esp. US the pull on the line by a fish seizing or snatching at bait. US , Baseball a pitched ball that is struck at but missed, declared within the strike zone but not struck at, or hit foul but not caught: the batter is out after three strikes but the third strike cannot be a foul ball unless it was on a bunt attempt or unless it was a foul tip that was caught by the catcher.
US , Bowling a. Geology and Mining the trace of a rock bed, fault, or vein on the horizontal, at right angles to the direction of dip. Idioms: be struck with. All rights reserved. Word forms: regular plural strikes noun Extractive engineering : Exploration A strike is the discovery of a source of oil or gas. Oil hunters can never be sure of a strike until their bits cut into an oil formation.
First, prospectors drill and make a strike , and then an estimate is made of the discovered amount of oil. A strike is the discovery of a source of oil or gas. Word forms: present strikes , past struck , perfect struck , progressive striking verb Extractive engineering : Exploration To strike oil or gas is to find a source of it. Wildcatting is going out into an unproven area in the hope of being the first to strike oil. Two wells drilled in a promising area had struck oil, and the producers, pleased at their success, had drilled a third well.
To strike oil or gas is to find a source of it. Example sentences containing 'strike' These examples have been automatically selected and may contain sensitive content. Read more…. More idioms containing 'strike'. Trends of 'strike'. Translations for 'strike'. Translate your text for free. Nearby words of 'strike'. Related Terms of 'strike'.
Definition of strike from the Collins English Dictionary. Quick word challenge. Thyme passed, and still she did not appear.
Time passed, and still she did not appear. Most try to sell their loot for cash on the black market. Most try to sell their lute for cash on the black market. Check See the answer Next Next quiz Review.