We are essential, and so are you! Our firm is still OPEN for business and accepting new clients. To protect your safety, we are offering new and current clients the ability to meet with us via telephone or through video conferencing. Please call our office to discuss your options.
Bononi Law Group, LLP
California's Leaders in Employment Law
EMAIL 866-295-7512 866-295-7512
Main Menu Office Location

Do employees have a right to strike?

Yes, employees do have a right to strike lawfully. The problem is that not all strikes are considered lawful, and there isn't always a cut-and-dry definition of when striking is unlawful or not.

When strikes are not considered lawful, then employees are not protected by the right to strike. That means that they might not be reinstated or receive backpay, The National Labor Relations Board considers numerous factors, including the behavior of strikers, when determining whether a strike was lawful. They also consider to what purpose the strikers were action.

The two most common lawful reasons for strikes are as a negotiation strategy when seeking economic concession from an employer and to protest an unfair labor practice. If employees feel they are unpaid and they strike seeking higher wages, then its known as an economic strike. While employees do have the right to strike for such a reason and remain an employee of the company during the strike, the employer also has a right. The employer can hire replacement staff to fill positions left open by strikers. In certain circumstances, the strikers are not guaranteed a position when they apply to return to work. In the case of striking for unfair labor practices, employers cannot permanently replace strikers.

Strikes can be considered unlawful because the purposes behind the strike are unlawful. If employees are striking to encourage an unlawful labor practice, then the strike is unlawful. Striking at certain times, such as those prohibited under a contract, might be considered unlawful. Strikers who engage in illegal or serious misconduct during a strike might also give up their rights as employees. Understanding whether you are protected during or after a strike can be difficult, which is why involving a third-party legal professional is often a good idea.

Source: National Labor Relations Board, "NLRA and the Right to Strike," accessed May 03, 2016

No Comments

Leave a comment
Comment Information
American Bar Association Los Angeles County Bar Association Super Lawyers Martindale-Hubbell - AV Preeminent AVVO Rating - 10.0 Superb The National Advocates | Top 100 Lawyers Lead Counsel Rated | LC Pasadena Weekly | Reader Recommended | Best of Pasadena 2016
Bononi Law Group, LLP, Attorneys & Lawyers  Employment & Workers Compensation, Pasadena, CA