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Strikes, Lockouts and Other "Economic Weapons": Iowa

Strikes, Lockouts and Other "Economic Weapons" requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Stuart R. Buttrick, Susan W. Kline and Tareen Zafrullah, Faegre Baker Daniels LLP

Summary

Private Sector Employee Strikes

For private employers that satisfy the National Labor Relations Board's (NLRB) jurisdictional requirements, the NLRB investigates strikes, lockouts and other economic weapons. As fully discussed in the federal section, the NLRB does not have authority over every private employer. Rather, an employer must first satisfy certain interstate commerce or other revenue thresholds in order to be required to abide by the NLRB's rules, regulations and the requirements of the National Labor Relations Act (NLRA).

Unlawful Secondary Pressure

Under Iowa law, it is unlawful for any union to enter into any arrangement for the purpose of doing, by strikes, threats of strikes, violence, threats of violence, coercion or concerted refusal to deal with any articles, products or materials, any of the following:

  • Forcing any person to cease dealing in the goods or products of any other person;
  • Forcing any person to cease selling, transporting or delivering goods or products to any other person;
  • Forcing any employer other than its members' own employer to recognize, deal with, comply with the demands of or employ members of any union; or
  • Forcing any employer to break an existing collective bargaining agreement the employer may have with any union.

See +Iowa Code § 732.1.

Jurisdictional Strikes and Slowdowns

Iowa law prohibits jurisdictional strikes and slowdowns. Specifically, under Iowa law, it is unlawful for any union to cause a stoppage or slowdown of all or part of an employer's work because of a dispute between unions regarding which has the right to do all or part of the employer's work. See +Iowa Code § 732.3.

Professional Strikebreakers and Replacements

Employers may not knowingly employ professional strikebreakers. Professional strikebreakers are persons who customarily or repeatedly offer themselves as replacements for employees involved in labor disputes.

Also, advertisements to replace employees involved in a labor dispute must disclose the existence of the dispute. Specifically, Iowa law states:

  • Unless directly involved in a labor dispute, a person may not knowingly recruit, procure, supply or refer for employment in the place of employees involved in the dispute any person who customarily or repeatedly offers himself as a replacement for employees involved in labor disputes;
  • If directly involved in a labor dispute, a person may not knowingly employ in place of employees involved in the dispute persons who customarily or repeatedly offer themselves as replacements for employees involved in labor disputes; and
  • A person may not solicit or advertise for employees to replace employees involved in a labor dispute without stating in the solicitation or advertisement that the employment offered is in place of employees engaged in a labor dispute.

See +Iowa Code § 732.6.

Future Developments

There are no developments to report at this time. Continue to check XpertHR regularly for the latest information on this and other topics.

Additional Resources

Strikes, Lockouts and Other "Economic Weapons": Federal

Labor Rights and Enforcement: Federal

Unfair Labor Practices: Federal

How to Prepare and Continue Business Operations During a Strike

Replacement Workers During a Strike - Permanent vs. Temporary