Category Archives: Strikes

New Labor Viscerality? Work Stoppages in the ‘New Work,’ Non-Union Economy

Source: Michael Duff, St. Louis University Law Journal, Forthcoming, Date Written: June 28, 2020

From the abstract:
The COVID-19 work stoppages involving employees refusing to work because they are fearful of contracting coronavirus provides a dramatic opportunity for newer workplace law observers to grasp a well-established legal rule: both unionized and non-union employees possess rights to engage in work stoppages under the National Labor Relations Act. This article explains that employees engaging in concerted work stoppages, in good faith reaction to health and safety dangers, are prima facie protected from discharge. The article carefully distinguishes between Section 7 and Section 502 work stoppages. Crucially, and contrary to Section 502 work stoppages, the health and safety-related work stoppages of non-union employees, protected by Section 7, are not subject to an “objective reasonableness” test.

Having analyzed the general legal protection of non-union work stoppages, and noting that work stoppages have been on the increase during the last two years, the article considers when legal protection may be withdrawn from such concerted activities because employees repeatedly and unpredictably engage in them—so called “unprotected intermittent strikes.” Discussing a recent NLRB decision, the article argues for an explicit and strengthened presumption of work stoppage protection for employees who are wholly unaffiliated with a union, even when those employees engage in repeated work stoppages in response to discrete workplace disputes or dangers.

Next, the article grapples with looming work stoppage issues emerging from expansion of the Gig economy. When workers are not “employees,” peaceful work stoppages may become increasingly subject to federal court injunction. The Norris-LaGuardia Act (the venerable 1932 federal anti-injunction law) does not by its terms apply to non-employees, possibly including putative non-employee Gig workers, raising the specter of a new era of “Government by Injunction.” Under existing antitrust law, non-employee workers may be viewed as “independent businesspeople” colluding through work stoppages to “fix prices.” The article argues that First Amendment avoidance principles should guide Sherman Act interpretation when non-employee worker activity does not resemble price fixing; and that, consistent with liability principles articulated in the Supreme Court’s recent opinion in Sessions v. Dimaya, antitrust law’s severe penalties should not be applied to Gig workers given the ambiguities in federal and state law employee definitions.

Finally, the article considers the potential for non-union private arbitration agreements exercising restraints on the NLRA rights of employees to engage in work stoppages in light of the Supreme Court’s labor law-diminishing opinion in Epic Systems.

“They’re Not Alone”: An Oral History of the Pennsylvania Faculty Strike of 2016

Source: Gordon Mantler, Rachel Riedner, Labor: Studies in Working-Class History, Volume 17, Issue 3, September 2020
(subscription required)

From the abstract:
In 2016, more than five thousand faculty members and coaches in the Association of Pennsylvania State College and University Faculties successfully struck in the union’s first ever such action in thirty-five years as an official bargaining agent. Two faculty members active in the union reflect on their experience in a wide-ranging interview about how years of careful, often painstaking organizing made such a success possible. The strike was the product of both ten years of increasingly acrimonious negotiations and considerable tactical work by a new generation of union members who learned a number of lessons from the process, including the necessary work of persuading faculty members that they, too, were workers.

New Labor Viscerality? Work Stoppages in the ‘New Work,’ Non-Union Economy

Source: Michael C. Duff, St. Louis University Public Law Review, Forthcoming, Posted: June 29, 2020

The COVID-19 work stoppages involving employees refusing to work because they are fearful of contracting coronavirus provides a dramatic opportunity for newer workplace law observers to grasp a well-established legal rule: both unionized and non-union employees possess rights to engage in work stoppages under the National Labor Relations Act. This article explains that employees engaging in concerted work stoppages, in good faith reaction to health and safety dangers, are prima facie protected from discharge. The article carefully distinguishes between Section 7 and Section 502 work stoppages. Crucially, and contrary to Section 502 work stoppages, the health and safety-related work stoppages of non-union employees, protected by Section 7, are not subject to an “objective reasonableness” test.
Having analyzed the general legal protection of non-union work stoppages, and noting that work stoppages have been on the increase during the last two years, the article considers when legal protection may be withdrawn from such concerted activities because employees repeatedly and unpredictably engage in them—so called “unprotected intermittent strikes.” Discussing a recent NLRB decision, the article argues for an explicit and strengthened presumption of work stoppage protection for employees who are wholly unaffiliated with a union, even when those employees engage in repeated work stoppages in response to discrete workplace disputes or dangers.

Walkouts Spread as Workers Seek Coronavirus Protections

Source: Dan DiMaggio, Saurav Sarkar, Labor Notes, March 26, 2020

As the coronavirus spreads, more and more workers who are still on the job are taking action to defend their health and safety and demand hazard pay. Here’s a round-up. (For an earlier round-up, see “Organizing for Pandemic Time-Off,” Labor Notes, March 16, 2020.)

How to Strike and Win: A Labor Notes Guide

Source: Labor Notes, November 2019

From the introduction:
A good strike is an exercise of power, not just a rowdier form of protest. There is something you want, and a decision-maker who could give it to you but doesn’t want to. The point of the strike is to make it harder for this decision-maker to keep saying no—and easier for the decision-maker to stop the pain by saying yes.

For a private-sector employer, the primary way a strike exerts power is by hurting profits.

For a public-sector employer, it is by interfering with the normal functions of public service and creating a political crisis that elites must respond to.

It’s essential to carefully appraise all the forms of power, or leverage, the union can muster. Don’t hit the bricks without assessing what it will take to win.

Once your leverage is identified, you’ll have to do the organizing legwork to make it real. Leverage is only potential until you bring it to life. The union will rely on its own internal solidarity to remain united in the face of intimidation and to generate widespread solidarity from others. The advice in the rest of this manual is designed to build that internal and external solidarity.

But the best organizing in the world may fail to move your employer if you don’t start with a solid plan to win. That’s an analysis of how the actions by workers and supporters will add up to enough pressure to make the decision-maker back down.

Thriving cities, challenged schools: teacher strikes highlight districts’ credit issues

Source: Helen Cregger, Denise Rappmund, Naomi Richman, Leonard Jones, Alexandra S. Parker, Moody’s, Sector In-Depth, September 17, 2019
(subscription required)

Given enrollment declines, high housing prices, tighter labor markets and a growing proportion of legacy fixed costs, meeting teacher pay and staffing demands will continue to challenge districts, especially those with more constrained finances.

Urban Regimes and the Policing of Strikes in Two Gilded Age Cities: New York and Chicago

Source: Richard Schneirov, Studies in American Political Development, First View, September 11, 2019
(subscription required)

From the abstract:
Since the 1980s, scholars have argued that during the Gilded Age urban party machines incorporated working people through the use of patronage, informal provision of personal welfare, and limited concessions, thereby eliminating sustained labor and Socialist Party alternatives and keeping workers’ militancy and assertiveness confined to the workplace. That view is challenged by a historical comparison of the policing of labor disputes in New York and Chicago. In New York, organized workers were eliminated from the governing coalition of the Swallowtail-Kelly regime that succeeded the Tweed Ring, and police routinely used coercion to defeat strikes and intimidate Socialists. In Chicago, however, labor and Socialists were part of the governing coalition of the Carter Harrison regime, and the police took a hands-off stance in many strikes. This article explores the contrast in policing and the balance of social forces in the two cities and seeks to explain the differences by examining the political settlements that concluded Reconstruction, the ethnic makeup of each city’s working classes, the different characteristics of each city’s labor movement, and labor’s ability to mount third-party challenges—all in the context of regional variations. It concludes that historians cannot assume that workers were incorporated into machines in this period.

See Where Teachers Got Pay Raises This Year – Protests across the country swayed governors to push for salary bumps

Source: Daarel Burnette II & Madeline Will, Education Week, Vol. 38 Issue 36, Published in Print: June 19, 2019

More than a year after teachers across the country began walking out of their classrooms en masse to demand higher salaries, at least 15 states have given their teachers a raise.

And lawmakers in several more states are putting the final touches on plans to raise teacher salaries, according to an Education Week analysis…..

….Here’s what you need to know about each state’s plan (as of June 17) to raise teacher pay. (The average teacher salary for each state reflects the National Education Association’s estimate for the 2018-19 school year, which would not include these raises.)

Click a state in the dropdown to jump to that section: ….

The Strike As the Ultimate Structure Test

Source: Jane McAlevey, Catalyst, Vol. 2 no. 3, Fall 2018

As the labor movement has begun to show signs of a revitalization, we excavate a volume, long consigned to obscurity, from an earlier era. As Jane McAlevey observes, even though almost a century has passed since its initial publication, Steuben’s book remains astonishingly relevant today — which speaks both to the enduring facts of employment relations in capitalism, as well as to the efficacy of Steuben’s strategic perspective.

Denver City & County S.D. 1, CO: Terms of teacher strike settlement to have minimal credit impact on Denver Public Schools

Source: Denise Rappmund, Gera M. McGuire, Alexandra S. Parker, Moody’s, Issuer Comment, February 20, 2019
(subscription required)

The agreement, which ended a three-day strike, calls for a $23 million bump in teacher compensation, which equates to 2% of the district’s fiscal 2018 budget. Despite lackluster growth in state aid, the district’s credit profile continues to improve with in-migration, a highly educated workforce and a rapidly expanding tax base….