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What is a Sympathy Strike? A Comprehensive Legal Overview
Definition & Meaning
A sympathy strike occurs when members of one labor union go on strike to support another union that is involved in a dispute with their employer, even if they have no direct conflict with that employer. This type of strike typically arises in industries that are interconnected, where the actions of one group of workers affect another. The most common form of a sympathy strike is honoring a picket line, which allows workers to show solidarity with their striking colleagues.
Table of content
Legal Use & context
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) A group of construction workers decides to go on strike to support a union of electricians who are negotiating better wages. Although the construction workers have no issues with their employer, they refuse to work until the electricians' demands are met.
(hypothetical example) Employees at a coffee shop honor a picket line set up by a nearby bakery's union workers, showing their solidarity by not crossing the line to enter the bakery.
Relevant laws & statutes
The National Labor Relations Act (NLRA) governs the rights of workers to engage in sympathy strikes. Additionally, the Railway Labor Act provides specific regulations for railroad workers regarding picket lines. In 1985, a significant ruling by the National Labor Relations Board addressed the conditions under which sympathy strikes could be waived by no-strike clauses in collective bargaining agreements.
State-by-state differences
State
Sympathy Strike Regulations
California
Generally supports sympathy strikes under state labor laws.
New York
Sympathy strikes are recognized but may face stricter scrutiny under certain agreements.
Texas
Less protective of sympathy strikes; may allow employer retaliation.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Primary Strike
A strike by workers directly involved in a dispute with their employer.
Secondary Strike
A strike by workers at a different employer in support of a primary strike.
Wildcat Strike
A strike initiated by workers without union authorization.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where a sympathy strike may apply, consider the following steps:
Review your union's policies and the collective bargaining agreement for guidance on sympathy strikes.
Consult with union representatives to understand your rights and any potential risks.
Explore legal form templates from US Legal Forms to assist with any necessary documentation.
If the situation is complex, consider seeking advice from a legal professional.
Find the legal form that fits your case
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