Not all strikes are created equal. Describe the various kinds of strikes that might be used by employees and explain how they are treated under the law. (15 minutes)

Question

What will be an ideal response?

Answer 1

There are many different types of strikes but perhaps the two most important are the economic strike and the unfair labor practice strike. Economic strikes are an attempt to pressure the employer to give better wages, benefits, and work rules during contract negotiations. Workers refuse to work until their terms are met. Economic strikes are the most frequent type of strikes in the U.S. and are protected by the NLRA when workers are striking over mandatory bargaining issues. This means workers cannot be disciplined or discharged from raising this strike. However, they can be replaced with either permanent or temporary strike replacements. An unfair labor practice strike occurs in protest of an employer's unfair labor practice(s) or violation of the NLRA. Workers cannot be disciplined, discharged, or permanently replaced but they can be temporarily replaced.
A recognition strike occurs when employees are striking to force an employer to recognize and bargain with their union. These are protected by the NLRA but workers can be temporarily or permanently replaced. A sympathy strike occurs when workers strike in a show of support for other workers who are on strike. These strikes are protected under the NLRA as long as strikes are not violating a no-strike clause in a contract. However, employees may be temporarily or permanently replaced. Wildcat strikes occur when union workers strike in violation of a no-strike clause prohibiting work stoppages over grievances during the life of the contract. These employees can be disciplined for striking by both the union and the employer. Finally, a jurisdictional strike occurs when a union strikes to force an employer to assign certain work to its members. These strikes are prohibited by the NLRA.