In some "Marxist–Leninist states, such as the former "USSR or the "People's Republic of China, striking was illegal and viewed as "counter-revolutionary. Since the government in such systems claims to represent the working class, it has been argued that unions and strikes were not necessary.["citation needed] In 1976, China signed the "International Covenant on Economic, Social and Cultural Rights, which guaranteed the right to unions and striking, but Chinese officials declared that they had no interest in allowing these liberties. (In June 2008, however, the municipal government in "Shenzhen in southern China introduced draft labor regulations, which labor rights advocacy groups say would, if implemented, virtually restore Chinese workers' right to strike.) "Trade unions in the Soviet Union served in part as a means to educate workers about the country's economic system. "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.["citation needed]
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 2007, and it took effect on 1 January 2008.
This law, amongst 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.
The unions did and still do 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, organising 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 "Industrial Relations Act 1971 was repealed through the "Trade Union and Labour Relations Act 1974, sections of which were repealed by the "Employment Act 1982.
The Code of Practice on Industrial Action Ballots and Notices, and sections 22 and 25 of the "Employment Relations Act 2004, which concern industrial action notices, commenced on 1 October 2005.
Legislation was enacted in the aftermath of the "1919 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 2016.
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 2002 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 "California Code of Regulations states that "[p]articipation in a strike or work stoppage", "[r]efusal to perform work or participate in a program as ordered or assigned", and "[r]ecurring failure to meet work or program expectations within the inmate's abilities when lesser disciplinary methods failed to correct the misconduct" by prisoners is "serious misconduct" under §3315(a)(3)(L), leading to "gang affiliation under CCR §3000.
Postal workers involved in 1978 wildcat strikes in "Jersey City, "Kearny, New Jersey, "San Francisco, and "Washington, D.C. were fired under the presidency of "Jimmy Carter, and President "Ronald Reagan fired "air traffic controllers and the "PATCO union after the "air traffic controllers' strike of 1981. However there is a general strike organized by Tea party movement.
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. "Strikebreakers" may also refer to workers (union members or not) who cross "picket lines to work.
Irwin, Jones, McGovern (2008) 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, originates from the old-fashioned English insult, "scab."
"Blackleg" is an older word and is found in the late-nineteenth/early-twentieth century folk song from "Northumberland, ""Blackleg Miner". 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. 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 1968 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.
Companies which produce products for sale will frequently increase inventories prior to a strike. Salaried employees may be called upon to take the place of strikers, which may entail advance training. If the company has multiple locations, personnel may be redeployed to meet the needs of reduced staff.
Companies may also take out strike insurance prior to an anticipated strike, to help offset the losses which the strike would cause.
One of the weapons traditionally wielded by already-established unions is strike action. Some companies may decline entirely to negotiate with the union, and respond to the strike by hiring replacement workers. This may create a crisis situation for strikers — do they stick to their original plan and rely upon their solidarity, or is there a chance that the strike may be lost? How long will the strike last? Will strikers' jobs still be there if the strike fails? Are other strikers defecting from the strike? Companies that hire strikebreakers typically play upon these fears when they attempt to convince union members to abandon the strike and cross the union's "picket line.
Unions faced with a strikebreaking situation may try to inhibit the use of strikebreakers by a variety of methods — establishing picket lines where the strikebreakers enter the workplace; discouraging strike breakers from taking, or from keeping, strikebreaking jobs; raising the cost of hiring strikebreakers for the company; or employing public relations tactics. Companies may respond by increasing security forces and seeking court injunctions.
Examining conditions in the late 1990s, John Logan observed that union busting agencies helped to "transform economic strikes into a virtually suicidal tactic for U.S. unions." Logan further observed, "as strike rates in the United States have plummeted to historic low levels, the demand for strike management firms has also declined."
In the U.S., as established in the "National Labor Relations Act there is a legally protected right for private sector employees to strike to gain better wages, benefits, or working conditions and they cannot be fired. Striking for economic reasons (like protesting workplace conditions or supporting a union's bargaining demands) allows an employer to hire permanent replacements. The replacement worker can continue in the job and then the striking worker must wait for a vacancy. But if the strike is due to unfair labor practices, the strikers replaced can demand immediate reinstatement when the strike ends. If a collective bargaining agreement is in effect, and it contains a "no-strike clause", a strike during the life of the contract could result in the firing of all striking employees which could result in dissolution of that union. Although this is legal it could be viewed as union busting.
Some companies negotiate with the union during a strike; other companies may see a strike as an opportunity to eliminate the union. This is sometimes accomplished by the importation of replacement workers, "strikebreakers or "scabs". Historically, strike breaking has often coincided with union busting. It was also called 'Black legging' in the early 20th century, during the Russian socialist movement.
One method of inhibiting or ending a strike is firing union members who are striking which can result in elimination of the union. Although this has happened it is rare due to laws regarding firing and "right to strike" having a wide range of differences in the US depending on whether union members are public or private sector. Laws also vary country to country. In the UK, "It is important to understand that there is no right to strike in UK law." Employees who strike risk dismissal, unless it is an official strike (one called or endorsed by their union) in which case they are protected from unlawful dismissal, and cannot be fired for at least 12 weeks. UK laws regarding work stoppages and strikes are defined within the "Employment Relations Act 1999 and the "Trade Union and Labour Relations (Consolidation) Act 1992. One of the most significant cases of mass-dismissals in the UK in 2005 involved the sacking of over 600 Gate Gourmet employees at Heathrow Airport, to which the media responded with outrage. Under the direction of Gate Gourmet's HR Director Andy Cook, according to BBC: "Gate Gourmet sacked more than 600 staff last week in a working practices row, prompting a walkout by British Airways ground staff that paralysed flights and stranded thousands of travellers in the UK." Andy Cook, Gate Gourmet's director of human resources at that time, said "The company had not been looking to cut the size of the protests, only stop the minority engaged in harassment.". Cook is now CEO of the UK labor relations advisory firm Marshall-James Global Solutions Ltd.
In 1962 US President "John F. Kennedy issued Executive Order #10988 which permitted federal employees to form trade unions but prohibited strikes (codified in 1966 at 5 U.S.C. 7311 - Loyalty and Striking). In 1981, after public sector union PATCO ("Professional Air Traffic Controllers Organization) went on strike illegally, President "Ronald Reagan fired all of the controllers. His action resulted in the dissolution of the union. PATCO reformed to become the "National Air Traffic Controllers Association.
In the U.S., as established in the "National Labor Relations Act there is a legally protected right for private sector employees to strike to gain better wages, benefits, or working conditions and they cannot be fired. Striking for economic reasons (i.e., protesting workplace conditions or supporting a union's bargaining demands) allows an employer to hire permanent replacements. The replacement worker can continue in the job and then the striking worker must wait for a vacancy. But if the strike is due to "unfair labor practices (ULP), the strikers replaced can demand immediate reinstatement when the strike ends. If a collective bargaining agreement is in effect, and it contains a "no-strike clause", a strike during the life of the contract could result in the firing of all striking employees which could result in dissolution of that union.
Another counter to a strike is a "lockout, the form of work stoppage in which an employer refuses to allow employees to work. Two of the three employers involved in the Caravan park grocery workers strike of 2003-2004 locked out their employees in response to a strike against the third member of the employer bargaining group. Lockouts are, with certain exceptions, lawful under "United States labor law.
Historically, some employers have attempted to break union strikes by force. One of the most famous examples of this occurred during the "Homestead Strike of 1892. Industrialist "Henry Clay Frick sent private security agents from the "Pinkerton National Detective Agency to break the "Amalgamated Association of Iron and Steel Workers strike at a "Homestead, "Pennsylvania steel mill. Two strikers were killed, twelve wounded, along with two Pinkertons killed and eleven wounded. In the aftermath, Frick was shot in the neck and then stabbed by "Alexander Berkman, surviving the attack, while Berkman was sentenced to 22 years in prison.
- "Final Offer - A look at the 1984 contract negotiations between General Motors and its union.
- "Harlan County, USA, Director: "Barbara Kopple, USA 1976–A "documentary film about a very long and bitter strike of coal miners in Kentucky
- "American Dream, Director: "Barbara Kopple, USA 1990 – A "documentary film about the unsuccessful 1985-1986 "meatpacker's strike against "Hormel Foods in "Austin, "Minnesota.
- "Jimmy Hoffa, a "labor union leader who ran the "International Brotherhood of Teamsters (IBT) union from 1958 until 1971, was portrayed by "Robert Blake in the 1983 TV-film "Blood Feud, "Trey Wilson in the 1985 television miniseries "Robert Kennedy & His Times, and by "Jack Nicholson in the 1992 biographical film "Hoffa.
- "Bastard Boys, A miniseries based on the "1998 Australian waterfront dispute.
- "Made in Dagenham, A film about the strike by female employees at the Ford Motor company in the UK.
- The Great Grunwick Strike 1976-1978 Director: Chris Thomas, Brent Trades Union Council (2007 film)
- "Statschka ("Strike"), Director: "Sergei Eisenstein, Soviet Union 1924
- "Brüder ("Brother"), Director: "Werner Hochbaum, Germany 1929–On the general strike in the port of Hamburg, Germany in 1896/97
- "The Stars Look Down, Director: "Carol Reed, England 1939 – Film about a strike over safety standards at a coal mine in North-East England - based on the "Cronin novel
- "The Grapes of Wrath a 1940 film by "John Ford includes description of migrant workers striking, and its violent breaking by employers, assisted by the police. Based on "the novel by "John Steinbeck.
- "Salt of the Earth, Director: "Herbert J. Biberman, USA 1953–Fictionalized account of an actual zinc-miners' strike in "Silver City, New Mexico, in which women took over the picket line to circumvent an injunction barring "striking miners" from company property. The striking women were largely played by real members of the strike, and one woman was deported to Mexico while filming. The union organizer "Clinton Jencks (from "Jencks v. United States fame) also participated.
- "The Molly Maguires, Director: "Martin Ritt, 1970 film starring Sean Connery and Richard Harris. Frustrated by the failure of strike action to achieve their industrial objectives, a secret society among Pennsylvania coal miners sabotages the mine with explosives to try to get what their industrial action failed to obtain. A Pinkerton agent infiltrates them.
- "F.I.S.T, Director: "Norman Jewison, 1978 – loosely based on the "Teamsters union and former president Jimmy Hoffa.
- "Norma Rae, Director: "Martin Ritt, 1979.
- "Matewan, Director: "John Sayles, 1987 – critically acclaimed account of a coal mine-workers' strike and attempt to unionize in 1920 in Matewan, a small town in the hills of "West Virginia.
- "Made in Dagenham, 2010 – based on the strike at "Fords plant in Dagenham, England, UK, which won equal pay for female workers.
- Sometimes, "to go on strike" is used figuratively for machinery or equipment not working due to malfunction, e.g. "My computer's on strike".
- Aleksander Smolar, "Towards 'Self-limiting Revolution': Poland 1970-89", in Adam Roberts and Timothy Garton Ash (eds.), Civil Resistance and Power Politics: The Experience of Non-violent Action from Gandhi to the Present, Oxford University Press, 2009, pp. 127-43. This book contains accounts on certain other strike movements in other countries around the world aimed at overthrowing a regime or a foreign military presence.
- National Centre for History Education - Commonwealth History Project :: ozhistorybytes - Issue Eight: The History of Words - Strike
- "A body of sailors..proceeded..to Sunderland.., and at the cross there read a paper, setting forth their grievances... After this they went on board the several ships in that harbour, and struck (lowered down) their yards, in order to prevent them from proceeding to sea." (Ann. Reg. 92, 1768), quoted in Oxford English Dictionary, 2nd ed., s.v. "strike, v.," sense 17; see also sense 24.
- Worrall, Simon (1 September 2014). "Were Modern Ideas—and the American Revolution—Born on Ships at Sea?". "National Geographic. "National Geographic Society. Archived from the original on 31 August 2014. Retrieved 31 August 2014.
- François Daumas, (1969). Ägyptische Kultur im Zeitalter der Pharaonen, pp. 309. Knaur Verlag, "Munich
- John Romer, Ancient Lives; the story of the Pharaoh's Tombmakers. London: Phoenix Press, 1984, pp. 116-123 See also E.F. Wente, "A letter of complaint to the Vizier To", in Journal of Near Eastern Studies, 20, 1961 and W.F. Edgerton , "The strikes in Ramses III's Twenty-ninth year", Journal of Near Eastern Studies, 10, 1951.
- H.G. Wells, Outline Of History, Waverly Book Company, 1920, page 225
- F.C.Mather (1974). "The General Strike of 1842: A Study in Leadership, Organisation and the Threat of Revolution during the Plug Plot Disturbance". web.bham.ac.uk/1848. George Allen & Unwin Ltd London. Retrieved 2008-01-30.
- "Origin and Function of the Party Form".
- "The Poverty of Philosophy, Part II, Section 5
- "Abbreviated Timeline of the Modern Labor Movement", University of Wisconsin-La Crosse
- U.S. Census Bureau, Statistical Abstract of the United States: 2012 (2011) p 428 table 663
- Aaron Brenner; et al. (2011). The Encyclopedia of Strikes in American History. M.E. Sharpe. pp. 234–35.
- Staughton Lynd
- "No Strike Clauses Hold Back Unions," Labor Notes
- A note from the editor - TwinCities.com
- Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4
- "Still waiting for Nike to do it," by Tim Connor, page 70.
- 'Factory to the world will soon get the right to strike', by Venkatesan Vembu, "Daily News and Analysis, 26 June 2008.
- Police in strike action threat
- Prison officers stage unofficial walkout on day of public sector action
- "28 C.F.R. 541.3
- "California Code of Regulations §3000,
Gang means any … formal or informal organization, association or group of three or more persons which has a common name or identifying sign or symbol whose members and/or associates, individually or collectively, engage or have engaged, on behalf of that organization, association or group, in two or more acts which include, … acts of misconduct classified as serious pursuant to section 3315.
- "The Union Avoidance Industry in the United States", British Journal of Industrial Relations, John Logan, Blackwell Publishing Ltd, December 2006, pages 651–675.
- Arthur Koestler, Darkness at Noon, p. 60.
- [LabourList], http://labourlist.org/2011/06/what-is-the-right-to-strike/
- [Workers Worldwide Back Their Heathrow Colleagues], http://www.itfglobal.org/press-area/index.cfm/pressdetail/566
- [Reinstate Gate Gourmet Workers], http://www.icl-fi.org/english/wh/192/heathrow.html
- [BBC News 21 August 2005],http://news.bbc.co.uk/2/hi/business/4168084.stm
- [Marshall-James website], http://www.mjgsl.com/employee_relations.php
- [Executive Order 10988], http://www.presidency.ucsb.edu/ws/index.php?pid=58926#axzz1iul5EQQB
- Norwood, Stephen H. Strikebreaking and Intimidation. Chapel Hill, N.C.: University of North Carolina Press, 2002. "ISBN 0-8078-2705-3
- Montgomery, David. "Strikes in Nineteenth-Century America," Social Science History (1980) 4#1 pp. 81–104 in JSTOR, includes some comparative data
- Silver, Beverly J. Forces of Labor: Workers' Movements and Globalization Since 1870. New York: Cambridge University Press, 2003. "ISBN 0-521-52077-0
- Labor Movement at "DMOZ
- News and histories of strikes from around the world
- "Black Workers and the Labor Movement: Toward a Paradigm of Unity in Afro-American Studies." Intro to Afro-American Studies. eBlackStudies.com.
- Labour Law Profile: Ireland
- Strike! Famous Worker Uprisings – slideshow by "Life
"Benjamin Brown, "Trade Unions, Strikes, and the Renewal of Halakhic Labor Law: Ideologies in the Rulings of Rabbis Kook, Uziel, and Feinstein" ) )