Mediations are being held by phone and video conference in the Auckland region. Strikes and lockouts can be used as a tool by parties to collective bargaining or for health and safety reasons. Notice must be given of strikes and lockouts. Strikes and lockouts are legitimate actions used by parties to advance their bargaining aims.
They can:. To be a strike the action must be part of a combination, agreement, common understanding, or joint action made or done by the employees. Employees can do this action to try to make their employer give in to their demands. To be a lockout, this action must be done to try to make their employees, or to help another employer make their employees , accept terms of employment or comply with their demands.
Employers may also lock out on health and safety grounds. Employees can only legally strike or be locked out for health and safety reasons or in relation to collective bargaining if they will be bound by the collective agreement being bargained for.
Strikes and lockouts related to collective bargaining may be legal:. For example, loss of work or hours which has affected a contract and impacted on the earnings of a business.
A party trying to stop the strike or lockout often applies for an interim injunction first because of the tight timeframes involved. A union must hold a secret ballot before going on strike unless a strike is for a health or safety issue.
All union members can participate in the secret ballot. The majority of members who vote must be in favour of the action for it to proceed. The union must announce the results of the ballot to the members who were entitled to vote as soon as reasonably practicable. A partial strike is where employees are still undertaking some form of their work ie they have not withdrawn their labour in full.
Employers may respond to a partial strike by either bearing the cost of the strike, suspending employees who are a party to the partial strike, or lockout employees who are engaged in a partial strike locked out and suspended employees are not entitled to any remuneration. They went on strike on Sept. The company says it has not proposed moving any jobs from the Ready to Eat Cereal plants, which are the plants where the workers are striking, as part of negotiations.
The hospital has done research and decided its staffing is appropriate, and that its staffing ratios are in fact better than most other hospitals in the state, she says. Ryan says the hospital announced it was hiring permanent replacement nurses in May during a COVID surge, and that the striking nurses are insisting on getting their old positions back. That the hospital is not budging speaks to the fact that despite this increase in worker activism, workers may not gain much more power in the long run.
Over the last 40 years, the government has made it much more difficult for workers to both form unions and to strike, says Heidi Shierholz, the president of the Economic Policy Institute, a progressive think tank. Amazon was able to effectively interfere in a union vote among its workers this spring, she says, preventing the union from succeeding. Of course, a hearing officer at the National Labor Relations Board has recommended that the board throw out the results of the Amazon election and do it over, which speaks to a resurgence of government support for labor.
And in January, New York City Mayor Bill de Blasio signed a bill that forbids fast food restaurants from firing workers unless the employer has just cause, making New York City the first jurisdiction in the country that essentially ended at-will employment. As for Jess Deyo and the Worcester nurses, many have been forced to move on. Other operations of the employer may not normally be picketed.
For example, if you operate your business at more than one location, your striking or locked-out employees are only permitted to picket the location for which their union is certified and at which they perform their work for you. They are prohibited from picketing your other locations if they do not normally perform work at those locations. The board will declare another employer to be an ally of the struck employer in circumstances where the ally assists the employer in a lockout or in resisting a lawful strike.
Ally picketing is restricted to the site at which the ally performs work for the benefit of the employer who is directly involved. This restriction is relaxed, so that regulated picketing at a common site can occur and will affect third parties to some degree, in circumstances where the union has no other way of picketing at the workplace of the striking or locked-out employees.
Employers are extremely limited as to the hiring of replacement workers during a strike or lockout. It reads as follows:. Nothing in this Act, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right.
It is clear from a reading of these two provisions that: the law not only guarantees the right of employees to strike, but also places limitations and qualifications on the exercise of that right. See for example, restrictions on strikes in health care institutions set forth below.
Lawful and unlawful strikes. The lawfulness of a strike may depend on the object, or purpose, of the strike, on its timing, or on the conduct of the strikers. The object, or objects, of a strike and whether the objects are lawful are matters that are not always easy to determine.
Such issues often have to be decided by the National Labor Relations Board. The consequences can be severe to striking employees and struck employers, involving as they do questions of reinstatement and backpay. It must be emphasized that the following is only a brief outline. A detailed analysis of the law concerning strikes, and application of the law to all the factual situations that can arise in connection with strikes, is beyond the scope of this material.
Employees and employers who anticipate being involved in strike action should proceed cautiously and on the basis of competent advice. Strikes for a lawful object. Economic strikers defined.
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