Strike Meaning in Legal
n. an application for an order by a judge to withdraw the pleading (complaint, response) of the objection in whole or in part for one of the following reasons. It is often used to have an entire cause of action removed (“expungement”) from the court record. A motion to strike is also made orally at the hearing asking the judge to order “beaten” answers from a witness that violate the rules of evidence (laws that govern what is allowed in the trial). Even if the jury is warned to ignore such an answer or comment, the jury heard it, and “once a bell has rang, it cannot be rung.” Are you a lawyer? Visit our professional website » Definition of economic strikers. If the purpose of a strike is to obtain an economic concession from the employer, such as higher wages, shorter working hours, or better working conditions, strikers are called economic strikers. They retain their status as employees and cannot be dismissed, but they can be replaced by their employer. If the employer has hired permanent replacements in good faith to fill the jobs of the economic strikers, if the strikers unconditionally request a return to work, the strikers are not entitled to reinstatement at that time. However, if the strikers do not have regular and substantially equivalent employment, they have the right to be recalled to jobs for which they are qualified, if these jobs become vacant, if they or their collective representative have submitted an unconditional request for reinstatement. Employees lose their right to keep their jobs if their strike is illegal. For example, public sector workers are generally prohibited from striking. If they do, they risk being fired.
In 1981, President Ronald Reagan responded to an illegal strike by federal air traffic controllers by laying off more than ten thousand employees. Paragraph 8(g) – Striking or picketing a health care facility without notice. Section 8(g) prohibits a labor organization from engaging in a strike, picketing or other concerted refusal to work in a health care facility without prior written notice to the facility and to the Federal Mediation and Conciliation Service with at least 10 days` notice. Over the years, various types of strikes have been given distinctive names. Here are the most common types of strikes, some of which are illegal: Reading these two provisions, it is clear that the law not only guarantees the right of workers to strike, but also restricts and restricts the exercise of this right. See, for example, restrictions on strikes in health facilities (see below). Section 2. Definitions. `strike` means concerted action which results in a cessation of work, a refusal to work or the maintenance of workers` employment or a slowdown or other concerted action by workers aimed at or restricting production or services, but which does not involve any act or omission necessary for the safety or health of workers; or refusal to work under Article 52 [Refusal to work by strikers] FindLaw.com Free and reliable legal information for consumers and legal professionals Strikes can be divided into two basic types: economic and unfair labour practices. An economic strike aims to obtain some type of economic benefit for workers, such as better wages and hours, or to force recognition of their union.
An unfair labour strike is called to protest an act by the employer that workers consider unfair. Workers may strike for economic reasons, to improve their working conditions or to support and protect workers in another union. Moreover, even if workers do not have a union, they can duly agree not to work in groups. In this case, they are entitled to all protective measures granted to organized strikers. Unions can fine or evict members who cross picket lines, fail to observe a legal strike, or use violence during a strike. In addition, they can sanction members for anti-union behaviour such as spying for the employer or participating in an unauthorized strike. A member of a trade union has the right to written notification of the specific charges against him or her and to a full and fair trial before he or she can be deported. Strikes illegal due to timing – effect of strike ban agreement. A strike that violates a strike prohibition in a contract is not protected by law, and striking workers may be dismissed or otherwise punished, unless the strike is called to protest certain types of unfair labor practices by the employer. It should be noted that not all refusals to work are considered strikes and therefore violations of strike prohibitions. A walkout due to exceptionally dangerous conditions, such as a faulty ventilation system in a spray shop, was considered a violation of a strike ban. Nothing in this Act, except as expressly provided for herein, shall be construed as interfering, hindering or reducing in any way the right to strike or affecting the limitations or limitations of this right.
The development of trade unions in the nineteenth century was met with hostility from employers. The concept of collective bargaining between employer and employee has been seen as contrary to the right of individual workers and their employers to negotiate wages and working conditions – a concept known as freedom of contract. When the unions went on strike, they had to deal with management without legal protection. Employers dismissed strikers and obtained court injunctions ordering unions to end the strike or risk contempt of court. A work stoppage is usually the final stage of a labour dispute over wages and working conditions. Since workers are not paid during strikes and employers lose productivity, both sides usually try to avoid this. However, if negotiations are deadlocked, a strike may be the only bargaining tool for workers. Normally, however, a strike is legal if workers use it to exert economic pressure on their employer to improve employment conditions. A strike is illegal if it is directed against someone other than the employer or if it is used for other purposes. Federal law prohibits most boycotts or pickets against a party not involved in the main dispute. These tactics are known as secondary boycotts or secondary pickets and are strictly limited so that companies that are innocent bystanders are not victims of a labour dispute they cannot resolve.
An employee is not entitled to payment during the strike, nor to unemployment benefits, unless the state law provides for the benefit. Workers who refuse to cross a picket line are in principle treated as strikers, but those who are kept away from work for fear of violence are entitled to unemployment benefits. Federal labour law requires a 60-day waiting period before workers can strike to force the termination or amendment of an existing collective agreement. The terms of the agreement remain in full force and effect during this period, and any employee who strikes can be terminated. The 60-day “cooling-off period” begins when the union terminates the employer or the end of the existing contract. This provision is without prejudice to the right of workers to strike in protest against unfair labour practices of their employer. However, it helps prevent premature strikes. A strike is an organized and deliberate stoppage or slowdown of work by employees in order to induce the employer to comply with employees` demands.
