Question

I need a answer to my professors question about my discussion post

My Post

1) What types are protected?

Under the National Labor Relation Act, an employee's right to strike is a considered as a critical component of the right to organize. But to ensure balance this right is not without limitations. As per Section 7 of NLRA only Certain strikes qualify as protected activity. These recognized strikes are:

·         Unfair labor practice strikes, which protest employers illegal activities.

·         Economic strikes, which may occur when there are disputes over wages or benefits.

·         Recognition strikes, which are intended to force employers to recognize unions.

·         Jurisdictional strikes, which are concerted refusals to work to affirm members right to particular job assignments and to protest the assignment of work to another union or to unorganized employees.

·         In addition to these strikes protected under NLRA, some states have recognized some other strikes also a protected.

2)      Unprotected Strikes under NLRA?

As a general definition, any strike which is not protected under NLRA Section 7, are unprotected strikes, but following is the list of strikes that are illegal, and employees who engage in such strikes lose the protection of the NLRA:

Intermittent strikes, involving the constant repetition of short strikes in which the employees attempt to pressure the employer to concede to their demands while still receiving wages;

·         "Work to rule" or slowdown strikes, in which employees fail to perform the duties which the employer has historically required them to perform;

·         In-facility or "sit down" strikes, in which the striking employees take possession of the employer's property and block others from entering;

·         Recognition or organization picketing when the employer has lawfully recognized another union, or when a valid election has been conducted within the preceding 12 months;

·         Secondary boycotts, in which the employees picket a neutral employer; and

·         Violence and mass picketing.

3)      Does this make sense, or should all types of strikes be treated equally?

?The main reason and justification of recognizing some strikes as legal and be considered as the right of the labor to carry out when all other measures of dispute resolution have failed is to strike a balance in the rights and exploitation of the labor by the organizations.

Similarly, the recognition of only a few types of strikes as legal helps organization’s cause also as not recognizing all types of strikes deters labor to go on strike for any discontent or dispute. Thus the recognition of some strikes only is a measure very important to ensure there is no undue exploitation of any of the two sides.

?My Professors Post

Can you say more about "violence and mass picketing"

Answer 1

Mass picketing is when the union members gather in large groups outside the place of work to stop workers from entering the workplace and working. It also draws attention of the employers on the issue for which the strike is done. This is harmful for the employer and company as it puts a hinderance on the work outcomes when the work stops and gives a negative publicity and wrong impression of the company and employer. This is practiced when unions members are on strike and want to prevent protesting members, members of other unions and employees who are not union members from working so that when the work effects it makes a bigger impact on the business and employer to consider the union's demands. Violence is practiced when the union members are not able to convince others to follow them in mass picketing and they do it by force or threat, physical destruction or damages to the property of the employer or even physical attack on the employer or management. For eg. throwing stones in picketing and destroying machines and assests of the company.

Both these ways followed for strikes are not legal and justified hence fall under unprotected strikes under NLRA.