How to Strike (Legally) Where You Live

  1. ManyAntsDefeatSpiders - 20th May 2008, 15:41
    Hey Comrades,

    First, thanks to whomever let me join the group.

    Secondly, I was thinking of starting a thread where we could explain basic industrial relations law wherever the poster lives. Basically, a description of what steps are involved in striking, bargaining, collective agreements, union memberships, rights to entry, wild-cat strikes, lockouts etc.

    I thought it would be both practical and interesting to see how the laws of certain countries operate.

    I'm happy to explain the law as it applies to Australia (we basically have one I.R system which covers companies which are the largest employer anyhow - which I'm not too sure about America...and its changed about three times in the past three years...)

    So yeah, just thought I'd register my interest in it - I'll post the industrial law regarding Australia, along with some useful resources, tomorrow or the day after.

    Regards.
  2. chimx
    chimx - 20th May 2008, 16:26
    steps are involved in striking
    My union does not allow for wildcat strikes and must be done through official union channels. This is done following an arbitration process to try and fix the problem. In practice this means we usually only would ever strike when we do contract renegotiations.

    bargaining, collective agreements
    The state I live in in the US is not a right to work state, which means that our contracts can stipulate that all the employees of a shop must be a member of the union. This is called a closed-shop union*. One of the tactics used to undermine unions as of late in the US is to pass legislation that makes closed-shop contracts illegal, such as that Taft-Hartley Act, as well as "right to work" laws that make "union shops" illegal too.

    * closed-shops are illegal in the US, but construction unions generally have hiring halls ran by the union which employers are then required to hire through. While technically an employers could hire people and then send them down to the hall to join the union, this really doesn't ever happen and makes it a "closed-shop union" in practice.

    union memberships
    My local roofers union has about 350 members give or take 40. I don't know what you were looking for in terms of laws here.

    rights to entry, wild-cat strikes, lockouts etc.
    None of these are allowed under our current union contract. The emphasis is an arbitration process before any action is taken.
  3. ManyAntsDefeatSpiders - 20th May 2008, 16:39
    Good start Chimx.

    And no, wild-cats are not allowed in Australia either, nor are closed shops, nor are solidarity strikes, nor are including 'prohibited matters' (which basically excludes anything that is not related to the employment relationship)...and even then there are harsh restrictions on when you can strike (has to be in the bargaining period) and the formalities involved (e.g. secret ballot, notice of strike etc...). If these are broken, in the building industry individuals may be fined up to $22,000 and unions up to $110,000 and even these may be multipied...and a specific commission (the ABCC) can require a worker to give evidence in face of six months imprisonment.

    Even employer's can be fined for agreeing to pay strike wages!

    Well, I basically described it in a nutshell right there, will get into more detail tomorrow.
  4. ManyAntsDefeatSpiders - 21st May 2008, 05:23
    Current legislation.

    The Law:
    1. Must be 'industrial action.'
    a. Defined in section 420.
    b. Loosely defined as 'a failure of refusal to work or to attend for work, or performing work in a manner different from that in which it is customarily performed.'
    c. Does not include action over an imminent serious safety or health threat.
    2. Process for taking 'protected industrial action':
    a. Must be after nominal expiry date.
    b. The bargaining period must be initiated: s423.
    c. Apply for a secret ballot to decide what action should be taken (strike action for example): s451.
    d. If such a ballot is passed, must give minimum three days written notice (or longer is specified on ballot): s441.
    e. Then can take 'protected industrial action.'
    3. What can make industrial action 'unprotected?'
    a. Not complying with any of the above.
    b. Taking action along side people who are not protected: s438.
    c. Taking action in support of pattern bargaining
    d. Taking action in support of 'prohibited content': s436.
    e. Requirement that employer genuinely try and reach agreement: s444.
    4. What is prohibited content?
    a. Described in s8.5 here.
    b. Includes things like, deductions from pay to trade unions, paid trade union training, renegotiation of workplace agreement, terms that disencourage or encourage trade union membership, paid strike wages.
    c. Basically, anything that is not related to the employment relationship. For example, if a union wanted donations to a trade school by an employer, that would be prohibited.
    Well, that was as brief as I could make it, and it misses out a few points too.

    Right to entry, explained here.

    Termination of employment here.

    More details here.
  5. Bilan
    Bilan - 21st May 2008, 07:07
    It's pretty difficult to strike legally in Australia. And most unions in Aust. are hardly going to stick up for striking workers anyway, with few exceptions (MUA, CMFEU).
  6. ManyAntsDefeatSpiders - 22nd May 2008, 07:01
    It's pretty difficult to strike legally in Australia. And most unions in Aust. are hardly going to stick up for striking workers anyway, with few exceptions (MUA, CMFEU).
    True.

    I know of a case where the CFMEU told workers not to go on strike (over the firing of a shop steward), because it would be unprotected and hence they would be issued fines.

    The workers voted to go on strike anyway (and around a hundred of them received fine of $10,000 each).

    The CFMEU stood up for them, however.