In
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
labor law
Labour laws (also spelled as labor laws), labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship be ...
, a jurisdictional strike is a concerted refusal to work undertaken by a
union to assert its members' right to particular job assignments and to protest the assignment of disputed work to members of another union or to unorganized workers. (
Labor unions
A trade union (British English) or labor union (American English), often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages ...
use the term ''jurisdiction'' to refer to their claims to represent workers who perform a certain type of work and the right of their members to perform such work.) The
Taft-Hartley amendments to the
National Labor Relations Act
The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, an ...
empowered the
National Labor Relations Board
The National Labor Relations Board (NLRB) is an Independent agencies of the United States government, independent agency of the federal government of the United States that enforces United States labor law, U.S. labor law in relation to collect ...
to resolve such jurisdictional disputes and authorized the General Counsel of the NLRB to seek an
injunction
An injunction is an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable rem ...
barring such strikes.
[Cox, Archibald; Bok, Derek Curtis; Gorman, Robert A.; et al. ''Labor Law: Cases and Materials.'' 13th ed. New York: Foundation Press, 2001. ; Raza, M. Ali and Anderson, A. Janell. ''Labor Relations and the Law.'' Upper Saddle River, N.J.: Prentice-Hall, 1996. ]
Jurisdictional strikes occur most frequently in the United States in the construction industry. Construction unions frequently resolve those disputes through a privately created adjustment system.
[Palladino, Grace. ''Skilled Hands, Strong Spirits: A Century Of Building Trades History.'' Ithaca, N.Y.: ILR Press, 2007. ]
In other countries, jurisdiction strikes are often called
demarcation disputes.
See also
*
Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
Notes
United States labor law
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