Strike

News & Analysis as of

Strike4Democracy’s National Day of Action and the Impact on the Workplace

In a protest against President Trump’s immigration policies and plans, organizers around the country are coordinating a national protest day set for Friday, February 17th — encouraging workers to “walk out” or “don’t work” if...more

‘A Day Without Immigrants’ National Strike Planned – What Can Employers Do?

Activists throughout the U.S., but focused in Washington, D.C., are planning a protest that exhorts employees not to report to work on February 16, 2017, as one measure to demonstrate what a “Day Without Immigrants” can mean...more

Protests Move North of the Border? Canadian Employers Responses to a National General Strike

On February 17, 2017, activists opposing the new administration are planning a national general strike, including protests and work stoppages. In light of the growing support for the strike, U.S employers face questions...more

Q And A About Employee “Political Protest” Strikes

We reported yesterday on the immigrant strikes expected nationwide today and tomorrow, and whether the strikers are protected under the National Labor Relations Act. Here is a more in-depth look at the issue. Q-This week...more

What Employers Need To Know About The "Day Without Immigrants" Walkout

Employee walkouts and protests are anticipated across the country on Thursday, February 16, and Friday, February 17, as immigrants and others disappointed by the Trump administration’s position with respect to immigration...more

Nonunion Employees Striking – How to Respond

A National General Strike has been announced for February 17, 2017 as a “peaceful display of resistance and solidarity” to protest the Trump Administration’s policies. This “strike” poses thorny legal issues for nonunion...more

If Your Employees Strike Against Trump, What Do You Do?

A day without immigrants: That is how organizers on social media describe plans for a nationwide strike threatened for February 16 and/or 17, 2017. If your employees join in this nationwide effort, you should consider three...more

How Employers Should Respond To Tomorrow's Immigrant Strike

Many of you may have already heard of a potential national immigration protest scheduled for tomorrow, Thursday, February 16. Immigrant employees and students are being encouraged to stay home, immigrant-owned business to...more

Employees, Political Advocacy and the NLRB – What Can an Employer Do?

In the first few weeks of the Trump Presidency, there have been numerous marches, protests and other forms of political advocacy expressing views both in support of and in opposition to the President’s various appointments,...more

Wait . . . Can They Do This? Employers’ Responses to a National General Strike

What began as a rumor has now become a real possibility for significant grassroots action. Activists who oppose President Trump have called for a national general strike on Friday, February 17, 2017. ...more

Disciplining February 17 General Strikers May Cause Problems for Employers

Organizers have called for a National General Strike Against the Policies of President Trump on February 17. Many of our clients are asking what their rights are in the event some of their employees choose to participate....more

Innovative attempt to defeat Christmas strikes halted, for now

The battle rages on to try to halt the train strikes which have affected so many people over the Christmas period and into the new year. The dispute outlined below between ASLEF and Govia GTR Railway Ltd (GTR), concerning...more

2016: A year of discontent?

2016 has been a turbulent year and it seems to be going out with a bang, in what some have dubbed a “winter of discontent”. According to recent BBC analysis, in the first 10 months of the year 218,300 working days were lost...more

Can a Single Employee Go On Strike Against a Non-Union Company?

The short answer is “yes.” The National Labor Relations Act extends the same protections to employees of non-unionized employers as it does to union members. One of those protections is the right to engage in a strike,...more

NLRB General Counsel Requests To Expand Worker Protections Regarding Intermittent Or Partial Strikes

Intermittent or partial strikes are becoming more common as unions continue to push for an increased minimum wage, particularly in the quick-serve restaurant industry. The National Labor Relations Board's (NLRB) General...more

Does the NLRA Protect Racist Insults by Picketing Workers?

A case currently under consideration in the Eighth Circuit Court of Appeals deserves watching. The case will determine whether the National Labor Relations Act (NLRA) protects a picketing employee’s right to hurl racist...more

Employees Unlawfully Disciplined for In-Store Protest, Labor Board Decides

Six employees who stopped work and engaged in an in-store protest over their alleged mistreatment by a supervisor and to secure permanent jobs for temporary employees were unlawfully disciplined, the National Labor Relations...more

Strike Early, Strike Often: NLRB Urged to Expand Protections to Intermittent Strikers

Seyfarth Synopsis: The Office of the General Counsel for the NLRB has asked the Board to adopt a sweeping new test that will significantly broaden the protections granted to employees who engage in frequent, short-term...more

New Jersey Senate Approves Legislation Extending Unemployment Benefits to Striking Workers

Under current New Jersey law, most individuals who are unemployed due to a stoppage of work are disqualified from unemployment benefits. While the New Jersey Supreme Court held that strikers are entitled to unemployment...more

[Event] "Americas Labor & Employment Law Conference: Managing a workforce across the Americas and beyond" - Dec. 8th-9th, Miami,...

Attorneys from FordHarrison and Ius Laboris, the global Alliance of leading labor and employment law firms, will join in-house counsel to discuss the many challenges faced by multinational companies. The conference is aimed...more

NLRB Benchslap: Enabling Racism/Sexism

One highly-respected federal appeals court judge recently called the NLRB out for its history of condoning strike behavior that is racist and sexist. In Consolidated Communications, Inc. v. NLRB, No. 14-1135 (D.C. Cir....more

NLRB Scrutinizes Employer Motivation in Hiring Replacement Workers During Strike

Denying a motion for reconsideration, the National Labor Relations Board recently affirmed its decision in American Baptist Homes of the West d/b/a Piedmont Gardens, addressing the relevance of an employer’s motive in hiring...more

Seventh Circuit Upholds NLRB Order to Return Jobs from Mexico to U.S. Facility

The National Labor Relations Act vests the NLRB with broad powers to correct violations of U.S. labor laws. Last month, the Seventh Circuit Court of Appeals confirmed the Board’s broad reach by affirming a decision ordering a...more

Tilting the Battlefield: NLRB Makes It Easier For Unions To Challenge Use Of Permanent Replacements

The National Labor Relations Board (“Board”) recently denied review of its ruling in American Baptist Homes. That ruling upended the decades-old bright line test that an “independent unlawful purpose” is established only when...more

When and Where Can the "Line" Be Drawn? NLRB Considers When Off-Duty Employees May Picket a Hospital Employer

The National Labor Relations Board (the “Board”) recently addressed hospital employers’ ability to prohibit picketing by off-duty employees on their own premises. Although the Board concluded that a hospital employer may...more

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