Question

Are the present rights given to strikers by the National Labor Relations Board (NLRB) appropriate? Why or why not?

Answer 1

National Labor Relations Board is the body to enforce the National Labor Relations Act. As per section 7 and section, 13 of the National Labor Relations Act allows employees to exercise the right to strike. Present rights given to strikers by the National Labor Relations Board (NLRB) are very much appropriate because of the following reasons.

1. The Act clearly defines lawful and unlawful strikes on the basis of the object, purpose, conduct of strikers, timing, etc. Also if the lawfulness or unlawfulness of a particular strike' s objects not easy to determine then the National Labor Relations Board will intervene in it. So the employees will proceed with a strike cautiously as the consequences are severe.

2. Strikers for a lawful object are classified into two categories such as economic strikers and unfair labor practice strikers. Strikers striking against unfair labor practices would have a comparatively better right to get reinstated into the job.

3. Economic strikers are clearly defined in the Act as those employees who are striking for some economic concession like higher wages, shorter hours, or better working conditions, etc. In most cases, they will continue as the employees of the organization.

4.unfair labor practice strikers can not be discharged nor permanently replaced by the employer. If such employees are unlawfully denied reinstatement into their job National Labor Relations Board may award such strikers back pay till the time of their reinstatement.

5. The Act says that sometimes a strike can be unlawful even if the object, purpose, and timing are proper because of the misconduct from the part of strikers such as the physical attack against nonstriking employees or management representatives.

6. As per section 8(g) of the National Labor Relations Act striking or picketing a healthcare institution without notice is strictly prohibited. For this purpose, employees have to serve at least 10 days’ notice in writing to the institution and the Federal Mediation and Conciliation Service.