"Go on strike" redirects here. For the tuy vậy by Lower Than Atlantis, see Changing Tune.

A trade union rally in Sydney, 2018

Strike action, also called labor strike, labour strike in British English, or simply strike, is a work stoppage caused by the mass refusal of employees lớn work. A strike usually takes place in response lớn employee grievances. Strikes became common during the Industrial Revolution, when mass labor became important in factories and mines. As striking became a more common practice, governments were often pushed lớn act (either by private business or by union workers). When government intervention occurred, it was rarely neutral or amicable. Early strikes were often deemed unlawful conspiracies or anti-competitive cartel action and many were subject lớn massive legal repression by state police, federal military power, and federal courts.[1] Many Western nations legalized striking under certain conditions in the late 19th and early 20th centuries.

Strikes are sometimes used lớn pressure governments lớn change policies. Occasionally, strikes destabilize the rule of a particular political tiệc nhỏ or ruler; in such cases, strikes are often part of a broader social movement taking the size of a chiến dịch of civil resistance. Notable examples are the 1980 Gdańsk Shipyard and the 1981 Warning Strike led by Lech Wałęsa. These strikes were significant in the long chiến dịch of civil resistance for political change in Poland, and were an important mobilizing effort that contributed lớn the fall of the Iron Curtain and the over of communist tiệc nhỏ rule in Eastern Europe.[2] Another example is the general strike in Weimar Germany that followed the March 1920 Kapp Putsch. It was called by the Social Democratic Party (SPD) and received such broad tư vấn that it resulted in the collapse of the putsch.[3]

Strike action (1879), painting by Theodor Kittelsen

The use of the English word "strike" lớn describe a work protest was first seen in 1768, when sailors, in tư vấn of demonstrations in London, "struck" or removed the topgallant sails of merchant ships at port, thus crippling the ships.[4][5][6]

Pre-industrial strikes

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The so-called "Strike Papyrus" written by Amunnakht, between 1187 and 1157 BC, New Kingdom of Egypt. Museo Egizio, Turin

The first historically certain tài khoản of strike action was in ancient Egypt on 14 November in 1152 BCE, when artisans of the Royal Necropolis at Deir el-Medina walked off their jobs in protest at the failure of the government of Ramesses III lớn pay their wages on time and in full.[7][8] The royal government ended the strike by raising the artisans' wages.

The first Jewish source for the idea of a labor strike appears in the Talmud, which records that the bakers who prepared showbread for the altar went on strike.[9]

An early predecessor of the general strike may have been the secessio plebis in ancient Rome. In The Outline of History, H. G. Wells characterized this sự kiện as "the general strike of the plebeians; the plebeians seem lớn have invented the strike, which now makes its first appearance in history."[10] Their first strike occurred because they "saw with indignation their friends, who had often served the state bravely in the legions, thrown into chains and reduced lớn slavery at the demand of patrician creditors".[10]

During and after the Industrial Revolution

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Agitated workers face the factory owner in The Strike. Painted by Robert Koehler in 1886.

The strike action only became a feature of the political landscape with the onset of the Industrial Revolution. For the first time in history, large numbers of people were members of the industrial working class; they lived in towns and cities, exchanging their labor for payment. By the 1830s, when the Chartist movement was at its peak in Britain, a true and widespread 'workers consciousness' was awakening. In 1838, a Statistical Society of London committee "used the first written questionnaire… The committee prepared and printed a list of questions 'designed lớn elicit the complete and impartial history of strikes.'"[11]

In 1842 the demands for fairer wages and conditions across many different industries finally exploded into the first modern general strike. After the second Chartist Petition was presented lớn Parliament in April 1842 and rejected, the strike began in the coal mines of Staffordshire, England, and soon spread through Britain affecting factories, cotton mills in Lancashire and coal mines from Dundee lớn South Wales and Cornwall.[12] Instead of being a spontaneous uprising of the mutinous masses, the strike was politically motivated and was driven by an agenda lớn win concessions. As much as half of the then industrial work force were on strike at its peak – over 500,000 men.[13] The local leadership marshaled a growing working class tradition lớn politically organize their followers lớn mount an articulate challenge lớn the capitalist, political establishment. Friedrich Engels, an observer in London at the time, wrote:

by its numbers, this class has become the most powerful in England, and woe betide the wealthy Englishmen when it becomes conscious of this fact … The English proletarian is only just becoming aware of his power, and the fruits of this awareness were the disturbances of last summer.[14]

A general strike on 5 November 1905 in Tampere, Finland

As the 19th century progressed, strikes became a fixture of industrial relations across the industrialized world, as workers organized themselves lớn collectively bargain for better wages and standards with their employers. Karl Marx condemned the theory of Pierre-Joseph Proudhon criminalizing strike action in his work The Poverty of Philosophy.[15]

Recognition strikes

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A recognition strike is an industrial strike implemented in order lớn force a particular employer or industry lớn recognize a trade union as the legitimate collective bargaining agent for a company's workers.[16][17][18] In 1949, their use in the United States was described as "a weapon used with varying results by labor for the last forty years or more". One example cited was the successful formation of the United Auto Workers, which achieved recognition from General Motors through the Flint sit-down strike of 1936-37.[19] They were more common prior lớn the advent of modern American labor law (including the National Labor Relations Act), which introduced processes legally compelling an employer lớn recognize the legitimacy of properly certified unions.[19][16]

Two examples include the U.S. Steel recognition strike of 1901, and the subsequent coal strike of 1902.[20] A 1936 study of strikes in the United States indicated that about one third of the total number of strikes between 1927 and 1928, and over 40 percent in 1929, were due lớn "demands for union recognition, closed cửa hàng, and protest against union discrimination and violation of union agreements".[21] A 1988 study of strike activity and unionization in non-union municipal police departments between 1972 and 1978 found that recognition strikes were carried out "primarily where bargaining laws [provided] little or no protection of bargaining rights."[22]

In 1937, there were 4,740 strikes in the United States.[23] This was the greatest strike wave in American labor history. The number of major strikes and lockouts in the U.S. fell by 97% from 381 in 1970 lớn 187 in 1980 lớn only 11 in 2010. Companies countered the threat of a strike by threatening lớn close or move a plant.[24][25]

The International Covenant on Economic, Social and Cultural Rights, adopted in 1967, ensures the right lớn strike in Article 8. The European Social Charter, adopted in 1961, also ensures the right lớn strike in Article 6.

The Farah Strike, 1972–1974, labeled the "strike of the century," was organized and led by Mexican American women predominantly in El Paso, Texas.[26]

Frequency and duration

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Female tailors on strike, Thủ đô New York City, February 1910

Strikes are rare, in part because many workers are not covered by a collective bargaining agreement.[27] Strikes that tự occur are generally fairly short in duration.[27] Labor economist John Kennan notes:

In Britain in 1926 (the year of the general strike) about 9 workdays per worker were lost due lớn strikes. In 1979, the loss due lớn strikes was a little more than vãn one day per worker. These are the extreme cases. In the 79 years following 1926, the number of workdays lost in Britain was less than vãn 2 hours per year per worker. In the U.S., idleness due lớn strikes never exceeded one half of one percent of total working days in any year during the period 1948-2005; the average loss was 0.1% per year. Similarly, in Canada over the period 1980-2005, the annual number of work days lost due lớn strikes never exceeded one day per worker; on average over this period lost worktime due lớn strikes was about one-third of a day per worker. Although the data are not readily available for a broad sample of developed countries, the pattern described above seems quite general: days lost due lớn strikes amount lớn only a fraction of a day per worker per annum, on average, exceeding one day only in a few exceptional years.[27]

Since the 1990s, strike actions have generally further declined, a phenomenon that might be attributable lớn lower information costs (and thus more readily available access lớn information on economic rents) made possible by computerization and rising personal indebtedness, which increases the cost of job loss for striking workers.[27][28][29] In the United States, the number of workers involved in major work stoppages (including strikes and, less commonly, lockouts) that involved at least a thousand workers for at least one full shift generally declined from 1973 lớn 2017 (coinciding with a general decrease in overall union membership), before substantially increasing in 2018 and 2019.[30] In the 2018 and 2019 period, 3.1% of union members were involved in a work stoppage each year on average, these strikes also contained more workers than vãn ever recorded with an average of trăng tròn,000 workers participating in each major work stoppage in 2018 and 2019.[30]

For the period from 1996 lớn 2000, the ten countries with the most strike action (measured by average number of days not worked for every 1000 employees) were as follows:[31]

Country Days not worked
Denmark 296
Iceland 244
Canada 217
Spain 189
Norway 135
South Korea 95
Ireland 90
Australia 86
Italy 76
France 67
A rally of the trade union UNISON in Oxford during a strike in March 2006
The 2005 Thủ đô New York City transit strike
A teachers' strike in Tartu, Estonia in front of the Ministry of Education building, March 2012
Metal workers doing motorized strike in Hyvinkää, Finland in March 1971

Most strikes are organized by labor unions during collective bargaining as a last resort. The object of collective bargaining is for the employer and the union lớn come lớn an agreement over wages, benefits, and working conditions. A collective bargaining agreement may include a clause (a contractual "no-strike clause") which prohibits the union from striking during the term of the agreement.[32] Under U.S. labor law, a strike in violation of a no-strike clause is not a protected concerted activity.[32]

The scope of a no-strike clause varies; generally, the U.S. courts and National Labor Relations Board have determined that a collective bargaining agreement's no-strike clause has the same scope as the agreement's arbitration clauses, such that "the union cannot strike over an arbitrable issue."[32] The U.S. Supreme Court held in Jacksonville Bulk Terminals Inc. v. International Longshoremen's Association (1982), a case involving the International Longshoremen's Association refusing lớn work with goods for export lớn the Soviet Union in protest against its invasion of Afghanistan, that a no-strike clause does not bar unions from refusing lớn work as a political protest (since that is not an "arbitrable" issue), although such activity may lead lớn damages for a secondary boycott.[32] Whether a no-strike clause applies lớn sympathy strikes depends on the context.[32] Some in the labor movement consider no-strike clauses lớn be an unnecessary detriment lớn unions in the collective bargaining process.[33]

Occasionally, workers decide lớn strike without the sanction of a labor union, either because the union refuses lớn endorse such a tactic, or because the workers involved are non-unionized. Strikes without formal union authorization are also known as wildcat strikes.

In many countries, wildcat strikes tự not enjoy the same legal protections as recognized union strikes, and may result in penalties for the union members who participate, or for their union. The same often applies in the case of strikes conducted without an official ballot of the union membership, as is required in some countries such as the United Kingdom.

A strike may consist of workers refusing lớn attend work or picketing outside the workplace lớn prevent or dissuade people from working in their place or conducting business with their employer. Less frequently, workers may occupy the workplace, but refuse lớn work. This is known as a sit-down strike. A similar tactic is the work-in, where employees occupy the workplace but still continue work, often without pay, which attempts lớn show they are still useful, or that worker self-management can be successful. For instance, this occurred with factory occupations in the Biennio Rosso strikes – the "two red years" of Italy from 1919 lớn 1920.[citation needed]

Another unconventional tactic is work-to-rule (also known as an Italian strike, in Italian: Sciopero bianco), in which workers perform their tasks exactly as they are required lớn but no better. For example, workers might follow all safety regulations in such a way that it impedes their productivity or they might refuse lớn work overtime. Such strikes may in some cases be a size of "partial strike" or "slowdown".

During the development boom of the 1970s in nước Australia, the Green ban was developed by certain unions described by some as more socially conscious. This is a size of strike action taken by a trade union or other organized labor group for environmentalist or conservationist purposes. This developed from the đen giòn ban, strike action taken against a particular job or employer in order lớn protect the economic interests of the strikers.

United States labor law also draws a distinction, in the case of private sector employers covered by the National Labor Relations Act, between "economic" and "unfair labor practice" strikes. An employer may not fire, but may permanently replace, workers who engage in a strike over economic issues. On the other hand, employers who commit unfair labor practices (ULPs) may not replace employees who strike over them, and must fire any strikebreakers they have hired as replacements in order lớn reinstate the striking workers.

Teamsters wielding pipes, clash with armed police in the streets of Minneapolis during a 1934 strike

Strikes may be specific lớn a particular workplace, employer, or unit within a workplace, or they may encompass an entire industry, or every worker within a đô thị or country. Strikes that involve all workers, or a number of large and important groups of workers, in a particular community or region are known as general strikes. Under some circumstances, strikes may take place in order lớn put pressure on the State or other authorities or may be a response lớn unsafe conditions in the workplace.

A sympathy strike is a strike action in which one group of workers refuses lớn cross a picket line established by another as a means of supporting the striking workers. Sympathy strikes, once the norm in the construction industry in the United States, have been made much more difficult lớn conduct, due lớn decisions of the National Labor Relations Board permitting employers lớn establish separate or "reserved" gates for particular trades, making it an unlawful secondary boycott for a union lớn establish a picket line at any gate other than vãn the one reserved for the employer it is picketing. Still, the practice continues lớn occur; for example, some Teamsters contracts often protect members from disciplinary action if a thành viên refuses lớn cross a picket line.[34] Sympathy strikes may be undertaken by a union as an organization, or by individual union members choosing not lớn cross a picket line.

A jurisdictional strike in United States labor law refers lớn a concerted refusal lớn work undertaken by a union lớn assert its members' right lớn particular job assignments and lớn protest the assignment of disputed work lớn members of another union or lớn unorganized workers.

A rolling strike refers lớn a strike where only some employees in key departments or locations go on strike. These strikes are performed in order lớn increase stakes as negotiations draw on and lớn be unpredictable lớn the employer. Rolling strikes also serve lớn conserve strike funds.

A student strike involves students (sometimes supported by faculty) refusing lớn attend classes. In some cases, the strike is intended lớn draw truyền thông attention lớn the institution so sánh that the grievances that are causing the students lớn strike can be aired before the public; this usually damages the institution's (or government's) public image. In other cases, especially in government-supported institutions, the student strike can cause a budgetary imbalance and have actual economic repercussions for the institution.

A hunger strike is a deliberate refusal lớn eat. Hunger strikes are often used in prisons as a size of political protest. Like student strikes, a hunger strike aims lớn worsen the public image of the target.

A "sickout", or (especially by uniformed police officers) "blue flu", is a type of strike action in which the strikers call in sick. This is used in cases where laws prohibit certain employees from declaring a strike. Police, firefighters, air traffic controllers, and teachers in some U.S. states are among the groups commonly barred from striking usually by state and federal laws meant lớn ensure the safety or security of the general public.

Newspaper writers may withhold their names from their stories as a way lớn protest actions of their employer.[35]

Activists may size "flying squad" groups for strikes or other actions, a size of picketing, lớn disrupt the workplace or another aspect of capitalist production: supporting other strikers or unemployed workers, participating in protests against globalization, or opposing abusive landlords.[36]

On 30 January năm ngoái, the Supreme Court of Canada ruled that there is a constitutional right lớn strike.[37] In this 5–2 majority decision, Justice Rosalie Abella ruled that "[a]long with their right lớn associate, speak through a bargaining representative of their choice, and bargain collectively with their employer through that representative, the right of employees lớn strike is vital lớn protecting the meaningful process of collective bargaining…" [paragraph 24]. This decision adopted the dissent by Chief Justice Brian Dickson in a 1987 Supreme Court ruling on a reference case brought by the province of Alberta (Reference Re Public Service Employee Relations Act (Alta)). The exact scope of this right lớn strike remains unclear.[38]

Prior lớn this Supreme Court decision, the federal and provincial governments had the ability lớn introduce "back-to-work legislation", a special law that blocks the strike action (or a lockout) from happening or continuing. Canadian governments could also have imposed binding arbitration or a new contract on the disputing parties. Back-to-work legislation was first used in 1950 during a railway strike, and as of 2012 had been used 33 times by the federal government for those parts of the economy that are regulated federally (grain handling, rail and air travel, and the postal service), and in more cases provincially. In addition, certain parts of the economy can be proclaimed "essential services" in which case all strikes are illegal.[39]

Examples include when the government of Canada passed back-to-work legislation during the 2011 Canada Post lockout and the 2012 CP Rail strike, thus effectively ending the strikes. In năm nhâm thìn, the government's use of back-to-work legislation during the 2011 Canada Post lockout was ruled unconstitutional, with the judge specifically referencing the Supreme Court of Canada's năm ngoái decision in Saskatchewan Federation of Labour v Saskatchewan.[40]

People's Republic of Đài Loan Trung Quốc and the former Soviet Union

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Lenin Shipyard workers, Poland, on strike in August 1980, with the name of the state-controlled trade union crossed out in protest

In some Marxist–Leninist states, such as the People's Republic of China, striking was illegal and viewed as counter-revolutionary, and labor strikes are considered lớn be taboo in most East Asian cultures. In 1976, Đài Loan Trung Quốc signed the International Covenant on Economic, Social and Cultural Rights, which guaranteed the right lớn unions and striking, but Chinese officials declared that they had no interest in allowing these liberties.[41] In June 2008, the municipal government in the Shenzhen Special Economic Zone introduced draft labor regulations, which a labor rights advocacy group says would, if implemented and enforced, virtually restore Chinese workers' right lớn strike.[42] [obsolete source]

In the Soviet Union, strikes occurred throughout the existence of the USSR, most notably in the 1930s. After World War II, they diminished both in number and in scale.[43] Trade unions in the Soviet Union served in part as a means lớn educate workers about the country's economic system. Vladimir Lenin referred lớn trade unions as "Schools of Communism".[This paragraph needs citation(s)]

Strike in Pas-de-Calais (1906)
Display of demands during a strike in năm nhâm thìn at Verisure, a French security company

In France, the first law aimed at limiting the ability of workers lớn take collective action was the Le Chapelier Law, passed by the National Assembly on 14 June 1791 and which introduced the "crime of coalition." In his speech in tư vấn of the law, the titular author Isaac René Guy le Chapelier explained that it "must be without a doubt permitted for all citizens lớn assemble," but he maintained that it "must not be permitted for citizens from certain professions lớn assemble for their so-called common interests."[44]

Strike actions were specifically banned with the passage of Napoleon's French Penal Code of 1810. Article 415 of the Code declared that participants in an attempted strike action would be subject lớn an imprisonment of between one and three months and that the organizers of the attempted strike action would be subject lớn an imprisonment of between two and five years.[45]

The right lớn strike under the current French Fifth Republic has been recognized and guaranteed by the Preamble lớn the French Constitution of 27 October 1946 ever since the Constitutional Council's 1971 decision on the freedom of association recognized that document as being invested with constitutional value.

A "minimum service" during strikes in public transport was a promise of Nicolas Sarkozy during his chiến dịch for the French presidential election. A law "on social dialogue and continuity of public service in regular terrestrial transports of passengers" was adopted on 12 August 2007, and it took effect on 1 January 2008.

In Italy, the right lớn strike is guaranteed by the Constitution (article 40). The law number 146 of 1990 and law number 83 of 2000[46] regulate the strike actions. In particular, they impose limitations for the strikes of workers in public essential services, i.e., the ones that "guarantee the personality rights of life, health, freedom and security, movements, assistance and welfare, education, and communications". These limitations provide a minimum guarantee for these services and punish violations. Similar limitations are applied lớn workers in the private sector whose strike can affect public services. The employer is explicitly forbidden lớn apply sanctions lớn employees participating lớn the strikes, with the exception of the aforementioned essential services cases.

The government, under exceptional circumstances, can impose the precettazione of the strike, i.e., can force the postponement, cancellation or duration reduction of a national-wide strike. The prime minister has lớn justify the decision of applying the precettazione in front of the parliament. For local strikes, precettazione can also be applied by a decision of the prefect. The employees refusing lớn work after the precettazione takes effect may be subject of a sanction or even a penal action (for a maximum of 4 years of prison) if the illegal strike causes the suspension of an essential service.

Precettazione has been rarely applied, usually after several days of strikes affecting transport or fuel services or extraordinary events. Recent cases include the cancellation of the năm ngoái strike of the company providing transportation services in Milan during Expo 2015, and the 2007 precettazione lớn stop the strike of the truck drivers that was causing food and fuel shortage after several days of strike.

Legislation was enacted in the aftermath of the 1919 police strikes, forbidding British police from both taking industrial action, and discussing the possibility with colleagues.[47]

In January 1951 during the Labour Attlee ministry, Attorney-General Hartley Shawcross left his name lớn a Parliamentary principle in a defense of his conduct regarding an illegal strike: that the Attorney-General "is not lớn be put, and is not put, under pressure by his colleagues in the matter" of whether or not lớn establish criminal proceedings.[48][49]

The Industrial Relations Act 1971 was repealed through the Trade Union and Labour Relations Act 1974, sections of which were repealed by the Employment Act 1982.

The Code of Practice on Industrial kích hoạt Ballots and Notices, and sections 22 and 25 of the Employment Relations Act 2004, which concern industrial action notices, commenced on 1 October 2005.

The Police Federation, which was created at the time lớn giảm giá with employment grievances and lớn provide representation lớn police officers, attempted lớn put pressure on the Blair ministry and at the time repeatedly threatened strike action.[47]

Prison officers have gained and lost the right lớn strike over the years; in the 2010s, despite it being illegal, they walked out on 15 November năm nhâm thìn,[50] and again on 14 September 2018.[51]

In Germany, the Basic Law bans civil servants from going on strike, and the Federal Constitutional Court confirmed that teachers were not permitted lớn strike.[52] As of December 2023, the matter whether the decision violated teachers' human rights under the European Convention of Human Rights (ECHR) is pending at the European Court of Human Rights.[52]

A strike leader addressing strikers in Gary, Indiana in 1919

The Railway Labor Act bans strikes by United States airline and railroad employees except in narrowly defined circumstances. The National Labor Relations Act generally permits strikes, but provides a mechanism lớn enjoin from striking workers in industries in which a strike would create a national emergency. As of 2021, the federal government most recently invoked these statutory provisions lớn obtain an injunction requiring the International Longshore and Warehouse Union lớn return lớn work in 2002 after having been locked out by the employer group, the Pacific Maritime Association.

Some jurisdictions prohibit all strikes by public employees, under laws such as the "Taylor Law" in New York. Other jurisdictions impose strike bans only on certain categories of workers, particularly those regarded as critical lớn society: police, teachers and firefighters are among the groups commonly barred from striking in these jurisdictions. Some states, such as New Jersey, Michigan, Iowa or Florida, tự not allow teachers in public schools lớn strike. Workers have sometimes circumvented these restrictions by falsely claiming inability lớn work due lớn illness – this is sometimes called a "sickout" or "blue flu", the latter receiving its name from the uniforms worn by police officers, who are traditionally prohibited from striking. The term "red flu" has sometimes been used lớn describe this action when undertaken by firefighters.

Under federal law, federal employees who participate in a strike, or who assert the right lớn strike against the US government, are barred from retaining their employment.[53]

Often, specific regulations on strike actions exist for employees in prisons. The Code of Federal Regulations declares "encouraging others lớn refuse lớn work, or lớn participate in a work stoppage" by prisoners lớn be a "High Severity Level Prohibited Act" and authorizes solitary confinement for periods of up lớn a year for each violation.[54] The California Code of Regulations states that "[p]articipation in a strike or work stoppage", "[r]efusal lớn perform work or participate in a program as ordered or assigned", and "[r]ecurring failure lớn meet work or program expectations within the inmate's abilities when lesser disciplinary methods failed lớn correct the misconduct" by prisoners is "serious misconduct" under §3315(a)(3)(L), leading lớn gang affiliation under CCR §3000.[55]

Postal workers involved in 1978 wildcat strikes in Jersey City, Kearny, New Jersey, San Francisco, and Washington, D.C. were fired under the presidency of Jimmy Carter, and President Ronald Reagan fired air traffic controllers and the PATCO union after the air traffic controllers' strike of 1981.

The West Virginia teacher's strike in 2018 inspired teachers in other states, including Oklahoma, Colorado, and Arizona, lớn take similar action.[56]

Jurisprudence and philosophy

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Strike actions have also been discussed from the perspective of jurisprudence and philosophy, with issues being raised such as whether people have a right lớn strike, the interaction of strikes with other rights, civil order, coercion, justice and the interplay between striking and contracts.[57][58][59][60][61]

A strikebreaking driver and cart being stoned during sanitation worker strike. New York City, 1911.

A strikebreaker (sometimes derogatorily called a scab, blackleg, or knobstick) is a person who works despite an ongoing strike. Strikebreakers are usually individuals who are not employed by the company prior lớn the trade union dispute, but rather hired after or during the strike lớn keep the organization running. "Strikebreakers" may also refer lớn workers (union members or not) who cross picket lines lớn work.

Irwin, Jones, McGovern (2008)[full citation needed] believe that the term "scab" is part of a larger metaphor involving strikes. They argue that the picket line is symbolic of a wound and those who break its borders lớn return lớn work are the scabs who bond that wound. Others have argued that the word is not a part of a larger metaphor but, rather, was an old-fashioned English insult whose meaning narrowed over time.

"Blackleg" is an older word and is found in the 19th-century folk tuy vậy "Blackleg Miner" which originated in Northumberland. The term does not necessarily owe its origins lớn this tune of unknown origin.

Strike breakers, Chicago Tribune strike, 1986, Chicago, Illinois

Union strikebreaking

[edit]

The concept of union strikebreaking or union scabbing refers lớn any circumstance in which union workers themselves cross picket lines lớn work.

Unionized workers are sometimes required lớn cross the picket lines established by other unions due lớn their organizations having signed contracts which include no-strike clauses. The no-strike clause typically requires that members of the union not conduct any strike action for the duration of the contract; such actions are called sympathy or secondary strikes. Members who honor the picket line in spite of the contract frequently face discipline, for their action may be viewed as a violation of provisions of the contract.

Therefore, any union conducting a strike action typically seeks lớn include a provision of amnesty for all who honored the picket line in the agreement that settles the strike. No-strike clauses may also prevent unionized workers from engaging in solidarity actions for other workers even when no picket line is crossed. For example, striking workers in manufacturing or mining produce a product which must be transported. In a situation where the factory or mine owners have replaced the strikers, unionized transport workers may feel inclined lớn refuse lớn haul any product that is produced by strikebreakers, yet their own contract obligates them lớn tự so sánh.

Historically the practice of union strikebreaking has been a contentious issue in the union movement, and a point of contention between adherents of different union philosophies. For example, supporters of industrial unions, which have sought lớn organize entire workplaces without regard lớn individual skills, have criticized craft unions for organizing workplaces into separate unions according lớn skill, a circumstance that makes union strikebreaking more common. Union strikebreaking is not unique lớn craft unions.

Most strikes called by unions are somewhat predictable; they typically occur after the contract has expired. However, not all strikes are called by union organizations – some strikes have been called in an effort lớn pressure employers lớn recognize unions. Other strikes may be spontaneous actions by working people. Spontaneous strikes are sometimes called "wildcat strikes"; they were the key fighting point in May 1968 in France; most commonly, they are responses lớn serious (often life-threatening) safety hazards in the workplace rather than vãn wage or hour disputes, etc.

Whatever the cause of the strike, employers are generally motivated lớn take measures lớn prevent them, mitigate the impact, or lớn undermine strikes when they tự occur.

To bring public attention, a giant inflatable rat (named 'Scabby') is used in the U.S. at the site of a labor dispute. The rat represents strike-breaking replacement workers, otherwise known as 'scabs'.

Companies which produce products for sale will frequently increase inventories prior lớn a strike. Salaried employees may be called upon lớn take the place of strikers, which may entail advance training. If the company has multiple locations, personnel may be redeployed lớn meet the needs of reduced staff. Companies may also take out strike insurance, lớn help offset the losses which a strike would cause.

When established unions commence strike action, some companies may decline entirely lớn negotiate with the union, and respond lớn the strike by hiring replacement workers. For strikers, this may be concerning for multiple reasons. For example, they may fear that the strike will be lost. The length of time that the strike may last could cause many workers lớn cease striking, which would likely cause it lớn fail. They may also be concerned that they will lose their jobs entirely. Companies that hire strikebreakers typically use these concerns lớn attempt lớn convince union members lớn abandon the strike and cross the union's picket line.

Unions faced with a strikebreaking situation may try lớn inhibit the use of strikebreakers by a variety of methods – establishing picket lines where strikebreakers enter the workplace; discouraging strike breakers from taking, or from keeping, strikebreaking jobs; raising the cost of hiring strikebreakers for the company; or employing public relations tactics. Companies may respond by increasing security forces and seeking court injunctions.

Examining conditions in the late 1990s, John Logan, professor and director of Labor and Employment Studies at San Francisco State University, observed that union busting agencies helped lớn "transform economic strikes into a virtually suicidal tactic for US unions". Logan further observed, "as strike rates in the United States have plummeted lớn historic low levels, the demand for strike management firms has also declined."[62]

In the US, as established in the National Labor Relations Act there is a legally protected right for private sector employees lớn strike lớn gain better wages, benefits, or working conditions and they cannot be fired. Striking for economic reasons (like protesting workplace conditions or supporting a union's bargaining demands) allows an employer lớn hire permanent replacements. The replacement worker can continue in the job and then the striking worker must wait for a vacancy.

But if the strike is due lớn unfair labor practices, the strikers replaced can demand immediate reinstatement when the strike ends. If a collective bargaining agreement is in effect, and it contains a "no-strike clause", a strike during the life of the contract could result in the firing of all striking employees which could result in dissolution of that union. Although this is legal it could be viewed as union busting.

Some companies negotiate with the union during a strike; other companies may see a strike as an opportunity lớn eliminate the union. This is sometimes accomplished by the importation of replacement workers, strikebreakers or "scabs". Historically, strike breaking has often coincided with union busting. It was also called "black legging" in the early twentieth century, during the Russian socialist movement.[63]

Strike, painting by Stanisław Lentz

One method of inhibiting or ending a strike is firing union members who are striking which can result in elimination of the union. Although this has happened, it is rare due lớn laws regarding firing and "right lớn strike" having a wide range of differences in the US depending on whether union members are public or private sector. Laws also vary country lớn country. In the UK, "It is important lớn understand that there is no right lớn strike in UK law."[64] Employees who strike risk dismissal, unless it is an official strike (one called or endorsed by their union) in which case they are protected from unlawful dismissal, and cannot be fired for at least 12 weeks. UK laws regarding work stoppages and strikes are defined within the Employment Relations Act 1999 and the Trade Union and Labour Relations (Consolidation) Act 1992.

A significant case of mass-dismissals in the UK in 2005 involved the sacking of over 600 Gate Gourmet employees at Heathrow Airport.[65] The sacking prompted a walkout by British Airways ground staff leading lớn cancelled flights and thousands of delayed passengers. The walkout was illegal under UK law and the T&GWU quickly brought it lớn an over. A subsequent court case ruled that demonstrations on a grass verge approaching the Gate Gourmet premises were not illegal, but limited the number and made the T&G responsible for their action.[66]

In 1962, US President John F. Kennedy issued Executive Order #10988[67] which permitted federal employees lớn size trade unions but prohibited strikes (codified in 1966 at 5 U.S.C. 7311 – Loyalty and Striking). In 1981, after public sector union PATCO (Professional Air Traffic Controllers Organization) went on strike illegally, President Ronald Reagan fired all of the controllers. His action resulted in the dissolution of the union. PATCO reformed lớn become the National Air Traffic Controllers Association.

Victims of a clash between striking workers and the army in Prostějov, Austria-Hungary, April 1917

In the U.S., as established in the National Labor Relations Act there is a legally protected right for private sector employees lớn strike lớn gain better wages, benefits, or working conditions and they cannot be fired. Striking for economic reasons (i.e., protesting workplace conditions or supporting a union's bargaining demands) allows an employer lớn hire permanent replacements. The replacement worker can continue in the job and then the striking worker must wait for a vacancy. But if the strike is due lớn unfair labor practices (ULP), the strikers replaced can demand immediate reinstatement when the strike ends. If a collective bargaining agreement is in effect, and it contains a "no-strike clause", a strike during the life of the contract could result in the firing of all striking employees which could result in dissolution of that union.

Amazon has used the Law firm Wilmerhale lớn legally over worker strikes at its locations.[citation needed]

Another counter lớn a strike is a lockout, a size of work stoppage in which an employer refuses lớn allow employees lớn work. Two of the three employers involved in the Caravan park grocery workers strike of 2003–2004 locked out their employees in response lớn a strike against the third thành viên of the employer bargaining group. Lockouts are, with certain exceptions, lawful under United States labor law.

The charge by Ramon Casas (1899)

Historically, some employers have attempted lớn break union strikes by force. One of the most famous examples of this occurred during the Homestead Strike of 1892. Industrialist Henry Clay Frick sent private security agents from the Pinkerton National Detective Agency lớn break a strike, organised by the Amalgamated Association of Iron and Steel Workers at a Homestead, Pennsylvania, steel mill. Two strikers were killed, twelve wounded, along with two Pinkertons killed and eleven wounded.

In the aftermath, Frick was shot in the neck and then stabbed by an unaffiliated anarchist, Alexander Berkman, in an assassination attempt. Frick survived the attack, while Berkman was sentenced lớn 22 years in prison.

Critical infrastructure workers who are on strike may be forced back lớn work under military law and/or civil conscription in countries which allow conscription. In 2010, the Spanish government invoked emergency powers lớn conscript air traffic controllers who were on strike.[68]

  • Statschka ("Strike"), Director: Sergei Eisenstein, Soviet Union 1924
  • Brüder ("Brother"), Director: Werner Hochbaum, Germany 1929–On the general strike in the port of Hamburg, Germany in 1896/97
  • The Stars Look Down, Director: Carol Reed, England 1939 – Film about a strike over safety standards at a coal mine in North-East England – based on the Cronin novel
  • The Grapes of Wrath a 1940 film by John Ford includes mô tả tìm kiếm of migrant workers striking, and its violent breaking by employers, assisted by the police. Based on the novel by John Steinbeck.
  • Salt of the Earth, Director: Herbert J. Biberman, US 1953–Fictionalized tài khoản of an actual zinc-miners' strike in Silver City, New Mexico, in which women took over the picket line lớn circumvent an injunction barring "striking miners" from company property. The striking women were largely played by real members of the strike, and one woman was deported lớn Mexico while filming. The union organizer Clinton Jencks (from Jencks v. United States fame) also participated.
  • The Molly Maguires, Director: Martin Ritt, 1970 film starring Sean Connery and Richard Harris. Frustrated by the failure of strike action lớn achieve their industrial objectives, a secret society among Pennsylvania coal miners sabotages the mine with explosives lớn try lớn get what their industrial action failed lớn obtain. A Pinkerton agent infiltrates them.
  • F.I.S.T., Director: Norman Jewison, 1978 – loosely based on the Teamsters union and former president Jimmy Hoffa.
  • Norma Rae, Director: Martin Ritt, 1979.
  • Matewan, Director: John Sayles, 1987 – critically acclaimed tài khoản of a coal mine-workers' strike and attempt lớn unionize in 1920 in Matewan, a small town in the hills of West Virginia.
  • Made in Dagenham, 2010 – based on the strike at Fords plant in Dagenham, England, UK, which won equal pay for female workers.
  • Sometimes, "to go on strike" is used figuratively for machinery or equipment not working due lớn malfunction, e.g. "My computer's on strike".
  1. ^ ""There is No Such Thing as an Illegal Strike": Reconceptualizing the Strike in Law and Political Economy".
  2. ^ Aleksander Smolar, "Towards 'Self-limiting Revolution': Poland 1970–89", in Adam Roberts and Timothy Garton Ash (eds.), Civil Resistance and Power Politics: The Experience of Non-violent kích hoạt from Gandhi lớn the Present, Oxford University Press, 2009 Archived 25 November 2022 at the Wayback Machine, pp. 127–43. This book contains accounts on certain other strike movements in other countries around the world aimed at overthrowing a regime or a foreign military presence.
  3. ^ Mommsen, Hans (1996). The Rise and Fall of Weimar Democracy. Translated by Forster, Elborg; Jones, Larry Eugene. Chapel Hill: University of North Carolina Press. p. 83. ISBN 978-0-807-82249-4.
  4. ^ Taylor, Tony. "Strike!". ozhistorybytes - Issue Eight: The History of Words. Archived from the original on 1 March 2006 – via hyperhistory.org.
  5. ^ "A body toàn thân of sailors… proceeded… lớn Sunderland…, and at the cross there read a paper, setting forth their grievances… After this they went on board the several ships in that harbour, and struck (lowered down) their yards, in order lớn prevent them from proceeding lớn sea." (Ann. Reg. 92, 1768), quoted in Oxford English Dictionary, 2nd ed., s.v. "strike, v.," sense 17; see also sense 24.
  6. ^ Worrall, Simon (1 September 2014). "Were Modern Ideas—and the American Revolution—Born on Ships at Sea?". National Geographic. National Geographic Society. Archived from the original on 31 August 2014. Retrieved 31 August 2014.
  7. ^ François Daumas, (1969). Ägyptische Kultur yên ổn Zeitalter der Pharaonen, pp. 309. Knaur Verlag, Munich
  8. ^ John Romer, Ancient Lives; the story of the Pharaoh's Tombmakers. London: Phoenix Press, 1984, pp. 116–123 See also E.F. Wente, "A letter of complaint lớn the Vizier To", in Journal of Near Eastern Studies, trăng tròn, 1961 and W.F. Edgerton, "The strikes in Ramses III's Twenty-ninth year", Journal of Near Eastern Studies, 10, 1951.
  9. ^ Talmud Yoma 38a
  10. ^ a b H.G. Wells, Outline of History, Waverly Book Company, 1920, page 225
  11. ^ Gault, Robert (1907). "A History of the Questionnaire Method of Research in Psychology". The Pedagogical Seminary. 14 (3): 366–383. doi:10.1080/08919402.1907.10532551.
  12. ^ Mather, F.C. (1974). "The General Strike of 1842: A Study in Leadership, Organisation and the Threat of Revolution during the Plug Plot Disturbance". In Quinault, R.; Stevenson, J. (eds.). Popular Protest and Public Order: Six Studies in British History, 1790–1920. George Allen & Unwin Ltd. pp. 115–140. doi:10.4324/9781003186892-3. ISBN 978-1-003-18689-2. S2CID 242636272.
  13. ^ "British workers strike for better wages and political reform ("The Plug Plot Riots"), 1842 | Global Nonviolent kích hoạt Database". nvdatabase.swarthmore.edu. Retrieved 15 May 2023.
  14. ^ "Camatte: Origin and Function of the Party Form". marxists.org.
  15. ^ The Poverty of Philosophy, Part II, Section 5
  16. ^ a b "Recognition Strike Law and Legal Definition". definitions.uslegal.com.
  17. ^ Adavbiele, J. A. (16 April 2015). "Implications of Incessant Strike Actions on the Implementation of Technical Education Programme in Nigeria". Journal of Education and Practice. 6 (8): 134–138. S2CID 167107092.
  18. ^ William R. Adams (1990). A Manager's Guide lớn Labor Relations Terminology. Adams, Nash & Haskell. p. 60.
  19. ^ a b Arensberg, Charles C. (1948–1949). "The Primary Strike for Recognition". University of Pittsburgh Law Review. 10: 137.
  20. ^ "The Great Anthracite Coal Strike of 1902". Archived from the original on 21 June 2008. Retrieved 14 July 2008.
  21. ^ Peterson, Florence (16 April 1938). Strikes in the United States, 1880-1936. U.S. Government Printing Office. p. 60. ISBN 978-0-403-01148-3 – via Google Books.
  22. ^ Ichniowski, Casey (1 June 1988). "Police recognition strikes: Illegal and ill-fated". Journal of Labor Research. 9 (2): 183–197. doi:10.1007/BF02685240. S2CID 54211734.
  23. ^ "Abbreviated Timeline of the Modern Labor Movement Archived 29 October 2012 at the Wayback Machine ", University of Wisconsin-La Crosse
  24. ^ "U.S. Census Bureau, Statistical Abstract of the United States: 2012 (2011) p 428 table 663" (PDF). Archived from the original (PDF) on trăng tròn October 2011.
  25. ^ Aaron Brenner; et al. (2011). The Encyclopedia of Strikes in American History. M.E. Sharpe. pp. 234–35. ISBN 978-0-7656-2645-5.
  26. ^ "The Best of the Texas Century—Business". Texas Monthly. trăng tròn January 2013. Retrieved 7 December 2018.
  27. ^ a b c d John Kennan, Strikes Archived 7 August 2020 at the Wayback Machine, National Bureau of Economic Research.
  28. ^ Gouzoulis, Giorgos (January 2023). "What tự indebted employees do? Financialisation and the decline of industrial action". Industrial Relations Journal. 54 (1): 71–94. doi:10.1111/irj.12391. hdl:1983/7ec29ae7-0441-47f7-856f-c68013308c9b. ISSN 0019-8692. S2CID 255675554.
  29. ^ Gouzoulis, Giorgos (25 January 2023). "Strikes: how rising household debt could slow industrial action this year". The Conversation. Retrieved 27 January 2023.
  30. ^ a b Heidi Shierholz & Margaret Poydock, Report: Continued surge in strike activity signals worker dissatisfaction with wage growth Archived 26 May 2020 at the Wayback Machine, Economic Policy Institute (11 February 2020).
  31. ^ "Countries Compared by Labor > Strikes. International Statistics at NationMaster.com". www.nationmaster.com. Retrieved 22 August 2022.
  32. ^ a b c d e Bruce S. Feldacker & Michael J. Hayes (2014). Labor Guide lớn Labor Law. Cornell University Press. pp. 231, 244–46.
  33. ^ "No-Strike Clauses Hold Back Unions – Labor Notes". labornotes.org. 13 December 2011.
  34. ^ "NATIONAL MASTER UNITED PARCEL SERVICE AGREEMENT: For The Period August 1, 2023 through July 31, 2028" (Document). International Brotherhood of Teamsters. 2023. p. 30. It shall not be a violation of this Agreement and it shall not be cause for discharge or disciplinary action […] in the sự kiện an employee refuses lớn enter upon any property involved in a primary labor dispute […]
  35. ^ "A note from the editor – Twin Cities". 16 July 2009.
  36. ^ Levant, Alex. "Flying Squads and the Crisis of Workers' Self-Organization". New Socialist (40). ISSN 1488-2698. Archived from the original on 19 October 2017. Retrieved 28 June 2017.
  37. ^ Saskatchewan Federation of Labour v Saskatchewan, năm ngoái SCC 4
  38. ^ Ha-Redeye, Omar (1 February 2015). "Finding More "Meaning" in the Future of Labour Law – Slaw". Retrieved 3 July 2019.
  39. ^ "FAQ: Back-to-work legislation".
  40. ^ "Ontario judge finds back-to-work legislation aimed at postal workers violates Charter". canliiconnects.org.
  41. ^ "Still waiting for Nike lớn tự it," by Tim Connor, page 70.
  42. ^ 'Factory lớn the world will soon get the right lớn strike' Archived 3 July 2008 at the Wayback Machine, by Venkatesan Vembu, Daily News and Analysis, 26 June 2008.
  43. ^ Orlov V.N.; Bogdanov S.V. "КОЛЛЕКТИВНЫЕ ТРУДОВЫЕ КОНФЛИКТЫ В СССР В 1930-1950-х гг.: ПРИЧИНЫ ВОЗНИКНОВЕНИЯ, ФОРМЫ ПРОТЕКАНИЯ, СПОСОБЫ РАЗРЕШЕНИЯ" [COLLECTIVE LABOR CONFLICTS IN THE USSR IN 1930-1950s: REASONS OF OCCURRENCE, FORMS, WAYS OF RESOLUTION] (in Russian).
  44. ^ Réimpression de l'Ancien Moniteur (in French). Paris. 1841. p. 661.
  45. ^ "France: Penal Code of 1810". www.napoleon-series.org. Retrieved 24 July 2023.
  46. ^ "Legge 11 Aprile 2000, n. 83". Gazzetta Ufficiale.
  47. ^ a b "Police in strike action threat". Đài truyền hình BBC News. 28 July 2007.
  48. ^ Shawcross, Hartley (29 January 1951). "Prosecutions (Attorney-General's Responsibility)". Hansard. House of Commons Debates (c681).
  49. ^ Heintzman, Ralph (16 May 2020). "The real meaning of the SNC-Lavalin affair". The Globe and Mail Inc.
  50. ^ "Prison officers stage unofficial walkout on day of public sector action". The Daily Telegraph. London. Archived from the original on 12 January 2022.
  51. ^ "Prison staff strike ended after union's 'constructive dialogue' with minister". Sky News.
  52. ^ a b "The Court lớn Rule on the Right lớn Strike in Germany". News ECHR. 8 December 2023. Retrieved 10 December 2023.
  53. ^ "5 U.S. Code § 7311 – Loyalty and striking". LII / Legal Information Institute. Retrieved 6 May 2022.
  54. ^ 28 CFR 541.3
  55. ^ California Code of Regulations §3000, Gang means any … formal or informal organization, association or group of three or more persons which has a common name or identifying sign or symbol whose members and/or associates, individually or collectively, engage or have engaged, on behalf of that organization, association or group, in two or more acts which include, … acts of misconduct classified as serious pursuant lớn section 3315.
  56. ^ "Inspired by West Virginia Strike, Teachers in Oklahoma and Kentucky Plan Walk Out". KTLA. 2 April 2018.
  57. ^ Leyton-García, Jorge-Andrés (2017). "The right lớn strike as a fundamental human right: recognition and limitations in international law". Revista chilena de derecho. 44 (3): 781–804. doi:10.4067/S0718-34372017000300781.
  58. ^ Utz, Arthur F. (1987). "Is the Right lớn Strike a Human Right?". Washington University Law Review Quarterly. 65: 732–757.
  59. ^ Weinrib, Laura (2018). "The right lớn work and the right lớn strike". University of Chicago Legal Forum. 2017: 513–536.
  60. ^ Gourevitch, Alex (2018). "The Right lớn Strike: A Radical View". American Political Science Review. 112 (4): 905–917. doi:10.1017/S0003055418000321. S2CID 85458964.
  61. ^ Jennings, Karen; Western, Glenda (1997). "A Right lớn Strike?". Nursing Ethics. 4 (4): 277–282. doi:10.1177/096973309700400403. PMID 9305123. S2CID 40163210.
  62. ^ "The Union Avoidance Industry in the United States", British Journal of Industrial Relations, John Logan, Blackwell Publishing Ltd, December 2006, pp. 651–675.
  63. ^ Arthur Koestler, Darkness at Noon, p. 60.
  64. ^ Taylor, Byron (6 June 2011). "What is the right lớn strike?". LabourList. Retrieved 29 March 2021.
  65. ^ [Workers Worldwide Back Their Heathrow Colleagues], "Internationale Transportarbeiter-Föderation: Presse". Archived from the original on 2 April 2013. Retrieved 10 January 2012.
  66. ^ [BBC News 21 August 2005], https://news.bbc.co.uk/2/hi/business/4168084.stm Archived 6 March 2019 at the Wayback Machine
  67. ^ Executive Order 10988,Archived 5 February 2012 at the Wayback Machine
  68. ^ "Spanish air traffic controllers marched back lớn work as airports reopen". telegraph.co.uk. 4 December 2010. Retrieved 5 December 2010.
  • Norwood, Stephen H. Strikebreaking and Intimidation. Chapel Hill, N.C.: University of North Carolina Press, 2002. ISBN 0-8078-2705-3
  • Montgomery, David. "Strikes in Nineteenth-Century America," Social Science History (1980) 4#1 pp. 81–104 in JSTOR, includes some comparative data
  • Ross, Arthur M., and Donald Irwin."Strike Experience in Five Countries, 1927-1947: An Interpretation" ILR Review 4#3 (1951), pp. 323-342 online, covers UK, USA, Canada, nước Australia and Sweden.
  • Silver, Beverly J. Forces of Labor: Workers' Movements and Globalization Since 1870. New York: Cambridge University Press, 2003. ISBN 0-521-52077-0