7.3 Strikes, Lockouts, and Picketing
4 min read•august 16, 2024
Labor disputes often involve , , and as tactics used by workers and employers. These actions play a crucial role in negotiations, allowing both sides to exert pressure and voice concerns. Understanding their definitions, legal status, and effectiveness is key to grasping labor relations.
The protects workers' rights to engage in concerted activities, including strikes and picketing. However, there are legal limits on these actions. Employers can respond with lockouts or replacement workers, creating a complex dynamic in labor disputes.
Strikes, Lockouts, and Picketing: Definitions and Differences
Types and Characteristics of Labor Actions
Top images from around the web for Types and Characteristics of Labor Actions
The Labor Relations Process | OpenStax Intro to Business View original
Is this image relevant?
The Labor Movement | US History II (American Yawp) View original
Is this image relevant?
Managing Grievances and Conflicts | OpenStax Intro to Business View original
Is this image relevant?
The Labor Relations Process | OpenStax Intro to Business View original
Is this image relevant?
The Labor Movement | US History II (American Yawp) View original
Is this image relevant?
1 of 3
Top images from around the web for Types and Characteristics of Labor Actions
The Labor Relations Process | OpenStax Intro to Business View original
Is this image relevant?
The Labor Movement | US History II (American Yawp) View original
Is this image relevant?
Managing Grievances and Conflicts | OpenStax Intro to Business View original
Is this image relevant?
The Labor Relations Process | OpenStax Intro to Business View original
Is this image relevant?
The Labor Movement | US History II (American Yawp) View original
Is this image relevant?
1 of 3
- Strike involves concerted work stoppage by employees to exert pressure on employer during labor negotiations or disputes
- Lockout entails employer temporarily closing workplace or preventing employees from working to pressure union during labor disputes
- Picketing consists of workers patrolling outside workplace with signs to publicize labor dispute and discourage others from entering premises
- seek better wages or working conditions
- protest employer's illegal actions
- initiated by employer to gain bargaining leverage
- respond to union tactics
- aims to inform public about labor dispute
- pressures employer to recognize union
- targets neutral third parties (customers, suppliers)
Legal Implications of Different Labor Actions
- Economic strikers can be permanently replaced by employer
- Unfair labor practice strikers must be reinstated upon unconditional offer to return to work
- Lockouts generally lawful if used for legitimate business purpose and not discriminatorily applied
- prohibited under National Labor Relations Act (NLRA)
- Recognitional picketing restricted beyond reasonable period
- Peaceful picketing protected but subject to time, place, and manner regulations
- amendments imposed additional restrictions on union activities (secondary boycotts)
Legal Status of Labor Actions under the NLRA
Protected Activities and Limitations
- National Labor Relations Act (NLRA) protects employees' right to engage in strikes and picketing as concerted activity
- Section 7 of NLRA guarantees right to engage in protected concerted activities for mutual aid or protection
- Protected activities include peaceful strikes, picketing, and other forms of protest for lawful purposes
- Unprotected activities encompass violence, threats, sit-down strikes, intermittent strikes, and certain forms of disloyalty
- (NLRB) and courts apply balancing test to determine if conduct loses protection under NLRA
- Employers prohibited from retaliating against employees for engaging in protected concerted activities (strike participation)
- Recent NLRB decisions expanded scope of to include social media activities and workplace discussions
Legal Restrictions and Employer Rights
- Picketing restrictions include maintaining peaceful conduct and not blocking ingress or egress
- Employers can permanently replace economic strikers but must reinstate unfair labor practice strikers
- Lockouts permitted for legitimate business purposes if not discriminatorily applied
- Taft-Hartley Act prohibits certain types of secondary boycotts and imposes waiting periods for strikes
- Employers retain right to continue operations during strikes (replacement workers, management personnel)
- NLRB oversees representation elections and investigates unfair labor practice charges
- Courts may issue injunctions to halt unlawful labor activities (violent picketing, secondary boycotts)
Protected Concerted Activity in Labor Disputes
Scope and Examples of Protected Concerted Activity
- Protected concerted activity involves actions by two or more employees for mutual aid or protection regarding employment terms
- Applies to both unionized and non-unionized workplaces
- Examples include:
- Discussing wages or working conditions with coworkers
- Circulating petitions for better working conditions
- Refusing to work in unsafe conditions
- Protesting unfair labor practices through strikes or picketing
- Social media posts about workplace issues may qualify as protected concerted activity
- Concerted activity protection extends to individual actions on behalf of group concerns
Legal Protections and Employer Limitations
- Employers cannot interfere with, restrain, or coerce employees engaging in protected concerted activities
- Retaliation against employees for protected activities prohibited (termination, demotion, discipline)
- Employer policies restricting protected concerted activities may violate NLRA
- Confidentiality rules limiting wage discussions often unlawful
- Employers must allow employees to discuss union matters during non-work time in non-work areas
- NLRB investigates and remedies violations of protected concerted activity rights
- Remedies may include reinstatement, back pay, and cease-and-desist orders against employers
Effectiveness of Labor Tactics: Strikes vs Lockouts vs Picketing
Comparative Analysis of Labor Tactics
- Strikes pressure employers to meet demands but risk lost wages and potential job loss for workers
- Strike success factors include union solidarity, public support, and employer's financial position
- Lockouts allow employers to control work stoppage timing and may weaken union resolve
- Lockout drawbacks include negative public perception and productivity loss
- Picketing raises public awareness and discourages strike-breaking but may have limited impact if poorly organized
- Effectiveness of tactics diminished due to globalization, automation, and labor law changes
- Alternative dispute resolution methods (mediation, interest-based bargaining) gain popularity as less confrontational approaches
Strategic Considerations in Labor Disputes
- Threat of strikes, lockouts, or picketing serves as powerful bargaining tool even if not implemented
- Unions must weigh potential gains against risks of prolonged work stoppages
- Employers consider financial impact, public relations, and long-term labor relations when responding to union actions
- Timing of labor actions critical (contract expiration, peak business periods)
- Public opinion increasingly important factor in labor disputes (social media, community support)
- Industry-specific factors influence tactic effectiveness (essential services, seasonal industries)
- Legal considerations shape strategy (unfair labor practice charges, injunctions, replacement worker policies)
Key Terms to Review (23)
Collective Action: Collective action refers to the actions taken by a group of individuals united by a common interest or goal, typically in pursuit of social or economic change. This term is vital in understanding how workers come together to negotiate better terms, confront management practices, or express dissatisfaction, particularly through organized efforts like strikes or protests. Collective action embodies the strength found in unity, empowering individuals to amplify their voices and exert influence that would be difficult to achieve alone.
Defensive Lockouts: Defensive lockouts refer to a strategic decision made by employers to temporarily shut down operations in response to labor disputes or the threat of strikes. This tactic is used to protect the organization’s interests, maintain control over the workplace, and discourage union activity by limiting workers' ability to protest effectively. By implementing a defensive lockout, employers aim to create pressure on employees to accept their terms during negotiations, as it halts wage payments and disrupts normal work life.
Disruption: Disruption refers to the interruption or disturbance of a process or activity, often resulting in significant changes to established practices. In the context of labor relations, disruption is most prominently observed during strikes, lockouts, and picketing, as these actions can halt normal business operations and impact economic productivity.
Economic Impact: Economic impact refers to the effect that an event, policy, or action has on the economy of a particular area or the overall economy. This can include changes in employment levels, income, business revenue, and economic growth. In the context of labor actions like strikes, lockouts, and picketing, the economic impact is significant as it can disrupt production, alter labor costs, and affect both local and national economies.
Economic Strikes: Economic strikes are labor actions taken by workers to protest against their employer's economic policies, typically seeking better wages, benefits, or working conditions. These strikes are driven by financial disputes and aim to exert pressure on the employer to negotiate and meet the workers' demands. They can significantly impact a company's operations and may lead to negotiations that can result in improved employment terms.
Informational Picketing: Informational picketing is a form of protest where workers display signs and distribute literature to inform the public about a labor dispute or working conditions without disrupting business operations. This tactic aims to raise awareness and gather public support for the workers' cause while remaining within legal boundaries. Informational picketing serves as a non-confrontational means for workers to communicate grievances and concerns without resorting to strikes or other disruptive actions.
Lockouts: Lockouts are a management strategy used by employers to prevent employees from entering the workplace during labor disputes, often as a response to strikes or contract negotiations. This tactic is intended to exert pressure on employees and unions by denying them access to their jobs and wages, which can influence the outcome of negotiations. Lockouts can significantly impact both workers and employers, leading to financial strain and potential reputational damage.
Management rights: Management rights refer to the inherent authority and prerogatives that employers possess to make decisions regarding the operations of their business, including hiring, scheduling, and assigning work. These rights allow management to maintain control over the workplace and its policies, which can sometimes lead to conflicts with employees, especially during situations like strikes or lockouts when workers seek to challenge management's decisions or negotiate for better conditions.
National Labor Relations Act: The National Labor Relations Act (NLRA), also known as the Wagner Act, is a foundational piece of legislation enacted in 1935 that guarantees employees the right to organize, join unions, and engage in collective bargaining. It aims to protect the rights of workers in the private sector and promote fair labor practices, significantly influencing strikes, lockouts, union organizing, and employment relations.
National Labor Relations Board: The National Labor Relations Board (NLRB) is an independent federal agency created in 1935 under the National Labor Relations Act to enforce labor laws and protect the rights of employees and employers in the United States. The NLRB oversees union elections, investigates unfair labor practices, and facilitates collective bargaining between unions and employers. Its role is crucial in maintaining the balance of power between labor and management, especially during disputes such as strikes and picketing.
Offensive Lockouts: Offensive lockouts refer to a strategy employed by employers during labor disputes where they lock out employees in an effort to gain leverage over unions or workers. This tactic is often used in response to strikes or demands for better wages and working conditions, effectively halting operations while the employer seeks to pressure employees into accepting terms favorable to the company. Offensive lockouts can escalate tensions between management and labor, leading to prolonged disputes and potential legal ramifications.
Picketing: Picketing is a form of protest where individuals gather outside a workplace or public location to demonstrate their discontent or to promote their cause, often related to labor disputes. This method serves to inform the public about grievances, influence employer behavior, and persuade others to join the cause. It plays a crucial role in labor relations, particularly during strikes and collective bargaining processes.
Protected concerted activity: Protected concerted activity refers to actions taken by employees to collectively address workplace issues or improve working conditions, which are safeguarded under labor laws. This includes a wide range of activities, such as strikes, picketing, or discussing work-related concerns with colleagues. These actions are designed to enhance employee rights and promote collective bargaining, and they protect workers from retaliation by employers when they engage in such activities.
Recognitional Picketing: Recognitional picketing is a form of protest where union members display signs at a workplace to inform the public that a labor dispute exists, primarily to encourage the employer to recognize the union. This type of picketing focuses on gaining recognition for the union and often takes place outside the employer's premises, aiming to raise awareness about the workers' rights and issues. It serves as a critical strategy in labor relations, especially when a union is trying to negotiate its right to represent employees.
Right to Strike: The right to strike refers to the legal ability of workers to refuse to work as a form of protest, often aimed at gaining better working conditions, wages, or other employment terms. This fundamental labor right is tied to collective bargaining and is a critical tool for employees seeking to negotiate with their employers. The right to strike is often protected by law, allowing workers to organize and express their grievances without fear of retaliation.
Secondary Boycotts: Secondary boycotts refer to a strategy used by labor unions where they encourage consumers or other businesses to avoid purchasing from or engaging with a third party that is not directly involved in a labor dispute. This tactic aims to exert pressure on an employer by targeting their business relationships and supply chains, thereby increasing the economic consequences of the primary labor conflict. Such actions can escalate tensions and mobilize community support for the striking workers, but they also raise legal questions regarding their permissibility under labor laws.
Secondary Picketing: Secondary picketing refers to the practice where union members picket a secondary employer that is not directly involved in a labor dispute but is associated with the primary employer. This type of picketing aims to exert pressure on the secondary employer to cease business relations with the primary employer, often in an effort to support a strike or dispute involving their own workplace. Secondary picketing highlights the broader strategies used by unions during labor disputes to gain leverage and solidarity within the industry.
Strikes: Strikes are organized work stoppages initiated by employees to protest against working conditions, demand better wages, or influence negotiations with employers. This action is a fundamental right of workers and is often employed as a tool in collective bargaining to assert workers' demands and rights. Strikes can disrupt operations and put pressure on employers to meet the demands of employees, and they often involve solidarity actions such as picketing.
Sympathy Strike: A sympathy strike is a work stoppage initiated by employees of one company in support of the striking employees of another company. This type of strike reflects solidarity among workers, showcasing a collective stance against unfair labor practices or conditions that affect fellow employees elsewhere. Sympathy strikes often aim to pressure employers to address grievances that may not directly involve the sympathizing workers but resonate with their own concerns about labor rights and conditions.
Taft-Hartley Act: The Taft-Hartley Act, officially known as the Labor Management Relations Act of 1947, is a federal law that restricts the activities and power of labor unions. It was designed to balance the rights of employees, employers, and unions by limiting certain union practices and protecting workers from potential union abuses. This act directly impacts the dynamics between management and labor in collective bargaining and addresses issues such as strikes, lockouts, and picketing.
Unfair labor practice strikes: Unfair labor practice strikes are job actions taken by employees in response to an employer's unfair labor practices, which violate labor laws or infringe upon workers' rights. These strikes are meant to protest against actions such as discrimination against union members, refusal to bargain in good faith, or retaliation against employees for exercising their rights. Unfair labor practice strikes can lead to legal disputes and often involve significant negotiations between unions and employers to resolve the underlying issues.
Unionization: Unionization is the process through which workers come together to form a union, an organization that represents their collective interests in negotiations with employers regarding wages, working conditions, and other employment-related issues. It empowers employees to have a unified voice in discussions with management, enabling them to negotiate better terms and protect their rights. Unionization often leads to formal collective bargaining agreements and can influence workplace policies significantly.
Wildcat strike: A wildcat strike is an unauthorized work stoppage by unionized workers that occurs without the approval of the union leadership. These strikes are often spontaneous and arise from immediate grievances such as unsafe working conditions, unfair treatment, or dissatisfaction with negotiations, and they can disrupt operations without prior notice. Wildcat strikes highlight the tension between workers' rights to protest and the formal processes established by labor unions.