What is a strike injunction?

An injunction is a court order instructing a party to do, or refrain from doing, a specified act. Beginning in the 1880s, the injunction was requested by industrial management and granted by sympathetic courts to end strikes and boycotts. Its effectiveness was demonstrated during the Pullman Strike of 1894.

What is a no-strike clause?

by Practical Law Labor & Employment. A Standard Clause that can be included in a collective bargaining agreement (CBA) to prohibit a union and union-represented employees from calling for, participating in, or condoning certain strike or picketing activity.

What happens if you strike with a no-strike clause?

A strike that violates a no-strike provision of a contract is not protected by the Act, and the striking employees can be discharged or otherwise disciplined, unless the strike is called to protest certain kinds of unfair labor practices committed by the employer.

What is a 10 J injunction?

Section 10(j) of the National Labor Relations Act authorizes the National Labor Relations Board to seek temporary injunctions against employers and unions in federal district courts to stop unfair labor practices while the case is being litigated before administrative law judges and the Board.

Who can issue injunctions in labor disputes?

Section 7 declares that “no court of the United States shall have jurisdiction to issue a temporary or permanent injunction in any case involving or growing out of a labor dispute, as herein defined” except after a hearing of a described character, “and except after findings of fact by the court, to the effect — (a) …

Can one person go on strike?

Working Together. 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.

Do you get paid on strike?

Deducting pay You do not have to pay employees who are on strike. If workers take action short of a strike, and refuse to carry out part of their contractual work, this is called ‘partial performance’.

Can you be fired for going on strike?

If non-union members go on strike, they are protected from dismissal and have the same rights as union members, as long as the industrial action is lawful.

What is strike in law?

Section 2(q) of said Act defines the term strike, it says, “strike” means a cassation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding of any number of persons who are or have been so employed to continue to work or accept …

What are the three forms of strike?

Word forms: plural, 3rd person singular present tense strikes , present participle striking , past tense, past participle struck , past participle stricken language note: The form struck is the past tense and past participle.

What is the Gissel bargaining order?

(Gissel bargaining orders are orders to bargain with a union that may no longer have majority support because of serious employer ULPs that have poisoned the possibility of a fair election.