When is a union permitted to strike?
Author: Irene Stavrellis Englert, Englert Legal Consulting, LLC
A union may lawfully strike for three reasons - to obtain the employer's recognition during organizing activity, to obtain economic improvements and to protest an employer's unfair labor practices- and in the following situations:
- There is no collective bargaining agreement in place.
- The collective bargaining agreement has expired.
- The collective bargaining agreement does not contain a no-strike clause.
An employer may also restrict a union's right to strike by incorporating additional terms in the collective bargaining agreement, such as a clause banning sympathy strikes and one requiring a specified amount of notice before the commencement of a strike.