Cameron Miranda
Federal employees in the United States abide by strict collective bargaining terms, which include the forfeiture of the right to strike. This right is protected by Section 7 of the National Labor Relations Act (NLRA) for private sector employees. However, federal employees are prohibited from participating in strikes under 5 U.S.C. §7311, which also forbids them from belonging to unions that assert the right to strike. The Federal Service Labor-Management Relations Statute (FSLMRS) further complicates the issue by establishing collective bargaining rights for federal employees, but it also deems it an unfair labor practice for unions to engage in strikes or picketing that interferes with federal agency operations. The legality of a strike can depend on its purpose, timing, and conduct, with severe consequences for both striking employees and employers.
| Characteristics | Values |
|---|---|
| Law | 5 U.S.C. §7311 |
| Law Description | Federal employees may not participate in a strike, assert the right to strike, or even belong to a union that “asserts the right to strike against the government of the United States." |
| Law | 18 U.S.C. §1918 |
| Law Description | Makes it a felony to strike against the United States or belong to a union that asserts the right to strike against the United States. |
| Law | Federal Service Labor-Management Relations Statute (FSLMRS) |
| Law Description | Establishes collective bargaining rights for most employees of the federal government of the United States. |
| Law Description | It is an unfair labor practice for labor unions to call or participate in a strike or a work stoppage that interferes with the operation of a federal agency. |
| Law Description | It is an unfair labor practice for labor unions to call or participate in picketing that interferes with the operation of a federal agency; employee picketing may consist of "informational" picketing only. |
| Law | National Labor Relations Act (NLRA) |
| Law Description | Employees have the right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection. |
| Law Description | Strikes are included among the concerted activities protected for employees. |
| Law Description | 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. |
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What You'll Learn
Federal law prohibits federal employees from striking
The lawfulness of a strike may depend on its object, purpose, timing, or the conduct of the strikers. Employees who strike for a lawful object fall into two classes: unfair labor practice strikers and economic strikers. Both classes continue as employees, but unfair labor practice strikers have greater rights of reinstatement to their jobs. The U.S. Supreme Court has ruled that a "sitdown" strike, when employees remain in the plant and refuse to work, is not protected by the law.
Additionally, 5 U.S.C. §7311 specifies that federal employees may not participate in a strike, assert the right to strike, or belong to a union that asserts the right to strike against the government of the United States. Furthermore, 18 U.S.C. §1918 makes it a felony to strike against the United States or belong to a union that asserts this right. The Office of Personnel Management can declare an individual who participates in a strike unsuitable for federal employment.
The right to strike has been a contentious issue, with unions such as the Industrial Workers of the World (IWW) forbidding the signing of no-strike clauses in the 1910s and 1920s. No-strike clauses are not mandated by law but are agreed upon by the union and the employer. These clauses disempower workers by taking away their democratic capacity to take action.
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Federal employees forfeit the right to strike
Additionally, 5 U.S.C. §7311 specifies that federal employees may not participate in a strike, assert the right to strike, or belong to a union that asserts this right against the US government. Further, 18 U.S.C. §1918 makes it a felony to strike against the US government or belong to a union that asserts this right. The Office of Personnel Management can also declare an individual who participates in a strike unsuitable for federal employment.
The US Merit Systems Protection Board (MSPB) has held that participation in a strike justifies removal, regardless of the duration of the strike or the validity of the grievance. The MSPB's decision was upheld by the Federal Circuit, which rejected arguments that removing strikers injured the public more than the strike itself, finding that this was a policy choice for the executive branch.
The lawfulness of a strike may depend on its object, purpose, timing, and the conduct of the strikers. The National Labor Relations Board (NLRB) often decides these issues. Employees who strike for a lawful object are classified as "unfair labor practice strikers" or "economic strikers," and both classes continue as employees, but unfair labor practice strikers have greater rights of reinstatement.
The right to strike has been a contentious issue for unions. While some unions have included no-strike clauses in their contracts, others have forbidden their signing. No-strike clauses are not mandated by law but are agreed upon by the union and employer and are legally enforceable.
The history of federal employees' right to strike has been marked by significant events, such as the PATCO Strike in 1981, where President Reagan fired over 11,000 air traffic controllers for striking, and more recent executive orders by President Trump that allegedly attacked federal workers' collective bargaining rights.
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Strikes may be deemed lawful or unlawful
Additionally, the Federal Service Labor-Management Relations Statute (FSLMRS) specifies that it is an unfair labor practice for labor unions to call or participate in a strike or work stoppage that interferes with the operation of a federal agency. This statute establishes collective bargaining rights for most employees of the federal government. It is important to note that federal employees in the United States are subject to strict collective bargaining terms and have forfeited certain rights, including the right to strike. Specifically, 5 U.S.C. §7311 states that federal employees may not participate in a strike or belong to a union that asserts the right to strike against the government.
Furthermore, the law also addresses the consequences of unlawful strikes. For example, if a strike is caused by the unfair labor practices of an employer, the strikers are classified as "unfair labor practice strikers" and retain their status as employees, with greater rights of reinstatement to their jobs. On the other hand, if a strike is unlawful due to the failure to meet certain conditions, such as providing written notice, participating strikers lose their status as employees of the employer engaged in the labor dispute.
While the right to strike has been a point of contention, with some unions resisting the inclusion of no-strike clauses in their contracts, it is important to note that these clauses are not mandated by law but are agreed upon by the union and the employer. However, once included in a contract, these clauses are legally enforceable, and unions can face legal consequences for violating them.
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No-strike clauses are common in union contracts
No-strike clauses are agreements between a union and an employer that prohibit workers from striking or withholding their labour for the duration of the contract. These clauses are not mandated by law but are agreed upon by both parties and are legally enforceable. A typical no-strike clause states that no employee shall engage in, induce, or encourage any strike or work stoppage.
No-strike clauses first emerged in the 1940s during World War II when the American Federation of Labor, the Congress of Industrial Organizations, and defence industry executives issued no-strike/no-lockout pledges to guarantee production. After the war, many union leaders continued to include similar pledges in their collective bargaining agreements, prioritising "labour peace".
Today, no-strike clauses are commonplace in union contracts in the United States, with 94% of labour contracts containing such clauses, according to a survey by the Bureau of National Affairs. Public authorities in the US often demand that public sector contracts include no-strike clauses, despite the fact that many states prohibit government employees from striking at any time.
The inclusion of no-strike clauses in union contracts has been criticised as a concession that undermines the union's power and poses a danger to its members. Once a no-strike clause is in a contract, it is challenging to remove it. As a result, employers can fire workers who participate in strikes without repercussions.
While no-strike clauses are prevalent in the US, they are treated differently in other countries. For example, in France, no-strike clauses are illegal and never included in union contracts, as the right to strike is considered a constitutional privilege. In Canada, strikes are only lawful outside of the contract period, which effectively creates mandatory no-strike clauses.
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Striking federal workers can be barred from future federal employment
Federal employees in the United States are prohibited from participating in strikes, asserting their right to strike, or belonging to a union that asserts the right to strike against the government. This is specified in 5 U.S.C. §7311, which makes it a felony for federal employees to strike.
The Federal Service Labor-Management Relations Statute (FSLMRS), established under Title VII of the Civil Service Reform Act of 1978, grants collective bargaining rights to most federal employees. However, the FSLMRS also deems it an unfair labor practice for unions to call or participate in strikes or work stoppages that interfere with federal agency operations.
The National Labor Relations Act (NLRA) protects the right of employees to strike, regardless of union affiliation. However, the lawfulness of a strike can depend on its object, purpose, timing, and the conduct of the strikers. The National Labor Relations Board (NLRB) plays a crucial role in determining the lawfulness of strikes and their consequences for employees and employers.
Despite these protections, federal employees who participate in strikes can face severe repercussions, including removal from their positions and being barred from future federal employment. The U.S. Merit Systems Protection Board (MSPB) has upheld the removal of strikers, regardless of the strike's duration or the validity of their grievances.
In a notable example from 1981, President Reagan fired and permanently barred 11,000 air traffic controllers from federal employment after they went on strike over pay and schedule disputes. This incident serves as a reminder to federal employees of the potential consequences of striking, including long-term exclusion from federal careers.
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Frequently asked questions
Federal employees abide by strict collective bargaining terms, which means they forfeit the right to strike. This is outlined in 5 U.S.C. §7311, which specifies that federal employees may not participate in a strike. Further, 18 U.S.C. §1918 makes it a felony to strike against the government.
The most famous example is the 1981 strike of 13,000 air-traffic controllers, which was broken by President Reagan. This event is still well-known among federal employees.
The law is intended to prevent disruptions to federal agencies and to ensure the continuity of essential services, such as air traffic control and law enforcement.
The lawfulness of a strike depends on its purpose, timing, and the conduct of the strikers. The National Labor Relations Board decides on these matters. Federal workers can rally, march, and protest, but they cannot legally withhold their labor.
Federal workers can join unions, but unions are not allowed to call for strikes or work stoppages that interfere with federal agencies. This is outlined in the Federal Service Labor-Management Relations Statute (FSLMRS).
