No Strike/No Lockout Clause for Collective Bargaining Agreement

Author: Jessica Sussman

When to Use

Strikes are a common tool used by unions to exert pressure on employers during labor negotiations. To employers, strikes may have potentially devastating effects that significantly impact a business' productivity. In order to avoid such consequences, employers may propose a no-strike clause to be included in a collective bargaining agreement. Such clauses represent an agreement between the employer, their employees and the labor union, that no strikes will occur during the period of the agreement, and sets forth the action an employer may take in the event the agreement is violated. Employers should consider including no-strike clauses in order to protect their businesses from the harmful effects of a strike.