Strike action, also called labor strike, labour strike, or simply strike, is a work stoppage caused by the mass refusal of employees to

work Work may refer to: * Work (human activity), intentional activity people perform to support themselves, others, or the community ** Manual labour, physical work done by humans ** House work, housework, or homemaking ** Working animal, an animal t ...

. A strike usually takes place in response to employee grievances. Strikes became common during the

Industrial Revolution The Industrial Revolution was the transition to new manufacturing processes in Great Britain, continental Europe, and the United States, that occurred during the period from around 1760 to about 1820–1840. This transition included going f ...

, when mass labor became important in factories and mines. As striking became a more common practice, governments were often pushed to act (either by private business or by union workers). When government intervention occurred, it was rarely neutral or amicable. Early strikes were often deemed unlawful conspiracies or anti-competitive cartel action and many were subject to massive legal repression by state police, federal military power, and federal courts. Many Western nations legalized striking under certain conditions in the late 19th and early 20th centuries. Strikes are sometimes used to pressure governments to change policies. Occasionally, strikes destabilize the rule of a particular political party or ruler; in such cases, strikes are often part of a broader social movement taking the form of a campaign of civil resistance. Notable examples are the 1980

Gdańsk Shipyard The Gdańsk Shipyard ( pl, Stocznia Gdańska, formerly Lenin Shipyard) is a large Polish shipyard, located in the city of Gdańsk. The yard gained international fame when Solidarity () was founded there in September 1980. It is situated on the w ...

and the 1981 Warning Strike led by

Lech Wałęsa Lech Wałęsa (; ; born 29 September 1943) is a Polish statesman, dissident, and Nobel Peace Prize laureate, who served as the President of Poland between 1990 and 1995. After winning the 1990 election, Wałęsa became the first democrati ...

. These strikes were significant in the long campaign of civil resistance for political change in

Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...

, and were an important mobilizing effort that contributed to the fall of the Iron Curtain and the end of communist party rule in eastern Europe.

History

Origin of the term

The use of the English word "strike" to describe a work protest was first seen in 1768, when sailors, in support of demonstrations in

London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

, "struck" or removed the

topgallant sail On a square rigged sailing vessel, a topgallant sail (topgallant alone pronounced "t'gallant", topgallant sail pronounced "t'garns'l",C.S. Forester, ''Beat to Quarters'', Chapter VI. is the square-rigged sail or sails immediately above the topsai ...

s of merchant ships at port, thus crippling the ships.

Pre-industrial strikes

The first historically certain account of strike action was towards the end of the

20th dynasty The Twentieth Dynasty of Egypt (notated Dynasty XX, alternatively 20th Dynasty or Dynasty 20) is the third and last dynasty of the Ancient Egyptian New Kingdom period, lasting from 1189 BC to 1077 BC. The 19th and 20th Dynasties furthermore toget ...

, under Pharaoh

Ramses III Usermaatre Meryamun Ramesses III (also written Ramses and Rameses) was the second Pharaoh of the Twentieth Dynasty in Ancient Egypt. He is thought to have reigned from 26 March 1186 to 15 April 1155 BC and is considered to be the last great mona ...

in ancient Egypt on 14 November in 1152 BC. The artisans of the Royal Necropolis at Deir el-Medina walked off their jobs because they had not been paid. The Egyptian authorities raised the wages. The first Jewish source for the idea of a labor strike appears in the

Talmud The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law ('' halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the ce ...

, which describes that the bakers who prepared showbread for the

altar An altar is a table or platform for the presentation of religious offerings, for sacrifices, or for other ritualistic purposes. Altars are found at shrines, temples, churches, and other places of worship. They are used particularly in paga ...

went on strike. An early predecessor of the general strike may have been the ''

secessio plebis ''Secessio plebis'' (''withdrawal of the commoners'', or ''secession of the plebs'') was an informal exercise of power by Rome's plebeian citizens, similar in concept to the general strike. During the ''secessio plebis'', the plebs would aban ...

'' in ancient Rome. In ''

The Outline of History ''The Outline of History'', subtitled either "The Whole Story of Man" or "Being a Plain History of Life and Mankind", is a work by H. G. Wells chronicling the history of the world from the origin of the Earth to the First World War. It appear ...

'',

H. G. Wells Herbert George Wells"Wells, H. G."
Revised 18 May 2015. ''

plebeians; the plebeians seem to have invented the strike, which now makes its first appearance in history."H.G. Wells, Outline of History, Waverly Book Company, 1920, page 225 Their first strike occurred because they "saw with indignation their friends, who had often served the state bravely in the legions, thrown into chains and reduced to slavery at the demand of

patrician Patrician may refer to: * Patrician (ancient Rome), the original aristocratic families of ancient Rome, and a synonym for "aristocratic" in modern English usage * Patrician (post-Roman Europe), the governing elites of cities in parts of medieval ...

creditors".

During and after the Industrial Revolution

The strike action only became a feature of the political landscape with the onset of the

. For the first time in history, large numbers of people were members of the industrial working class; they lived in towns and cities, exchanging their labor for payment. By the 1830s, when the

Chartist movement Chartism was a working-class movement for political reform in the United Kingdom that erupted from 1838 to 1857 and was strongest in 1839, 1842 and 1848. It took its name from the People's Charter of 1838 and was a national protest movement, w ...

was at its peak in Britain, a true and widespread 'workers consciousness' was awakening. In 1838, a Statistical Society of London committee "used the first written questionnaire... The committee prepared and printed a list of questions 'designed to elicit the complete and impartial history of strikes.'" In 1842 the demands for fairer wages and conditions across many different industries finally exploded into the first modern general strike. After the second Chartist Petition was presented to Parliament in April 1842 and rejected, the strike began in the coal mines of Staffordshire,

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe b ...

, and soon spread through Britain affecting

factories A factory, manufacturing plant or a production plant is an industrial facility, often a complex consisting of several buildings filled with machinery, where workers manufacture items or operate machines which process each item into another. T ...

cotton mills A cotton mill is a building that houses spinning or weaving machinery for the production of yarn or cloth from cotton, an important product during the Industrial Revolution in the development of the factory system. Although some were driven ...

in Lancashire and

coal mine Coal mining is the process of extracting coal from the ground. Coal is valued for its energy content and since the 1880s has been widely used to generate electricity. Steel and cement industries use coal as a fuel for extraction of iron from ...

s from Dundee to South Wales and

Cornwall Cornwall (; kw, Kernow ) is a historic county and ceremonial county in South West England. It is recognised as one of the Celtic nations, and is the homeland of the Cornish people. Cornwall is bordered to the north and west by the Atlantic ...

. Instead of being a spontaneous uprising of the mutinous masses, the strike was politically motivated and was driven by an agenda to win concessions. Probably as much as half of the then industrial work force were on strike at its peakover 500,000 men. The local leadership marshalled a growing working class tradition to politically organize their followers to mount an articulate challenge to the capitalist, political establishment.

Friedrich Engels Friedrich Engels ( ,"Engels"
'' London London is the capital and List of urban areas in the United Kingdom, largest city of England and the United Kingdom, with a population of just under 9 million. It stands on the River Thames in south-east England at the head of a estuary dow ...

at the time, wrote:

''by its numbers, this class has become the most powerful in England, and woe betide the wealthy Englishmen when it becomes conscious of this fact ... The English proletarian is only just becoming aware of his power, and the fruits of this awareness were the disturbances of last summer.''

As the 19th century progressed, strikes became a fixture of industrial relations across the industrialized world, as workers organized themselves to collectively bargain for better wages and standards with their employers.

Karl Marx Karl Heinrich Marx (; 5 May 1818 – 14 March 1883) was a German philosopher, economist, historian, sociologist, political theorist, journalist, critic of political economy, and socialist revolutionary. His best-known titles are the 1848 ...

has condemned the theory of

Pierre-Joseph Proudhon Pierre-Joseph Proudhon (, , ; 15 January 1809, Besançon – 19 January 1865, Paris) was a French socialist,Landauer, Carl; Landauer, Hilde Stein; Valkenier, Elizabeth Kridl (1979) 959 "The Three Anticapitalistic Movements". ''European Socia ...

criminalizing strike action in his work ''

The Poverty of Philosophy ''The Poverty of Philosophy'' (French: ''Misère de la philosophie'') is a book by Karl Marx published in Paris and Brussels in 1847, where he lived in exile from 1843 until 1849. It was originally written in French as a critique of the economic ...

''.

Recognition strikes

A recognition strike is an industrial strike implemented in order to force a particular employer or industry to recognize a

trade union A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits ...

as the legitimate

collective bargaining Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The ...

agent for a company's workers. In 1949, their use in the United States was described as "a weapon used with varying results by labor for the last forty years or more". One example cited was the successful formation of the

United Auto Workers The International Union, United Automobile, Aerospace, and Agricultural Implement Workers of America, better known as the United Auto Workers (UAW), is an American labor union that represents workers in the United States (including Puerto Rico) ...

. They were more common prior to the advent of modern American

labor law Labour laws (also known as labor laws 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 between employee, ...

(including the National Labor Relations Act), which introduced processes legally compelling an employer to recognize the legitimacy of properly certified unions. Two examples include the

U.S. Steel recognition strike of 1901 The U.S. Steel recognition strike of 1901 was an attempt by the Amalgamated Association of Iron, Steel and Tin Workers (the AA) to reverse its declining fortunes and organize large numbers of new members. The strike failed. The AA had formed in ...

, and the subsequent

coal strike of 1902 The Coal strike of 1902 (also known as the anthracite coal strike) was a strike by the United Mine Workers of America in the anthracite coalfields of eastern Pennsylvania. Miners struck for higher wages, shorter workdays, and the recognition of ...

. A 1936 study of strikes in the United States indicated that about one third of the total number of strikes between 1927 and 1928, and over 40 percent in 1929, were due to "demands for union recognition, closed shop, and protest against union discrimination and violation of union agreements". A 1988 study of strike activity and unionization in non-union municipal

police departments The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...

between 1972 and 1978 found that recognition strikes were carried out "primarily where bargaining laws rovidedlittle or no protection of bargaining rights." In 1937, there were 4,740 strikes in the United States. This was the greatest strike wave in American labor history. The number of major strikes and lockouts in the U.S. fell by 97% from 381 in 1970 to 187 in 1980 to only 11 in 2010. Companies countered the threat of a strike by threatening to close or move a plant. The

International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came in force from 3 January 197 ...

, adopted in 1967, ensures the right to strike in Article 8. The

European Social Charter The European Social Charter is a Council of Europe treaty which was opened for signature on October 18, 1961 and initially became effective on February 26, 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. B ...

, adopted in 1961, also ensures the right to strike in Article 6. The Farah Strike, 1972–1974, labeled the "strike of the century," was organized and led by Mexican American women predominantly in El Paso, Texas.

Frequency and duration

Strikes are rare, in part because many workers are not covered by a

collective bargaining agreement A collective agreement, collective labour agreement (CLA) or collective bargaining agreement (CBA) is a written contract negotiated through collective bargaining for employees by one or more trade unions with the management of a company (or with an ...

.John Kennan
Strikes
, National Bureau of Economic Research. Strikes that do occur are generally fairly short in duration. Labor economist John Kennan notes: Since the 1990s, strike actions have generally further declined, a phenomenon that might be attributable to lower information costs (and thus more readily available access to information on

economic rent In economics, economic rent is any payment (in the context of a market transaction) to the owner of a factor of production in excess of the cost needed to bring that factor into production. In classical economics, economic rent is any payment m ...

s) made possible by computerization. In the United States, the number of workers involved in major work stoppages (including strikes and, less commonly, lockouts) that involved at least a thousand workers for at least one full shift generally declined from 1973 to 2017 (coinciding with a general decrease in overall union membership), before substantially increasing in 2018 and 2019. In the 2018 and 2019 period, 3.1% of union members were involved in a work stoppage each year on average, these strikes also contained more workers than ever recorded with an average of 20,000 workers participating in each major work stoppage in 2018 and 2019
Report: Continued surge in strike activity signals worker dissatisfaction with wage growth
Economic Policy Institute (11 February 2020).

By country

For the period from 1996 to 2000, the ten countries with the most strike action (measured by average number of days not worked for every 1000 employees) were as follows:

Variations

Most strikes are undertaken by

labor unions A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits (su ...

during

as a last resort. The object of collective bargaining is for the employer and the union to come to an agreement over wages, benefits, and working conditions. A

may include a clause (a contractual "no-strike clause") which prohibits the union from striking during the term of the agreement. Under U.S. labor law, a strike in violation of a no-strike clause is not a protected concerted activity. The scope of a no-strike clause varies; generally, the U.S. courts and

National Labor Relations Board The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States with responsibilities for enforcing U.S. labor law in relation to collective bargaining and unfair labor practices. Under the Na ...

have determined that a collective bargaining agreement's no-strike clause has the same scope as the agreement's arbitration clauses, such that "the union cannot strike over an arbitrable issue." The U.S. Supreme Court held in ''Jacksonville Bulk Terminals Inc. v. International Longshoremen's Association'' (1982), a case involving the

International Longshoremen's Association The International Longshoremen's Association (ILA) is a North American labor union representing longshore workers along the East Coast of the United States and Canada, the Gulf Coast, the Great Lakes, Puerto Rico, and inland waterways. The ILA h ...

refusing to work with goods for export to the

Soviet Union The Soviet Union,. officially the Union of Soviet Socialist Republics. (USSR),. was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 to 1991. A flagship communist state, ...

in protest against its invasion of Afghanistan, that a no-strike clause does not bar unions from refusing to work as a political protest (since that is not an "arbitrable" issue), although such activity may lead to damages for a secondary boycott. Whether a no-strike clause applies to sympathy strikes depends on the context. Some in the labor movement consider no-strike clauses to be an unnecessary detriment to unions in the collective bargaining process. Occasionally, workers decide to strike without the sanction of a labor union, either because the union refuses to endorse such a tactic, or because the workers concerned are non-unionized. Such strikes are often described as ''unofficial''. Strikes without formal union authorization are also known as wildcat strikes. In many countries, wildcat strikes do not enjoy the same legal protections as recognized union strikes, and may result in penalties for the union members who participate or their union. The same often applies in the case of strikes conducted without an official ballot of the union membership, as is required in some countries such as the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

. A strike may consist of workers refusing to attend work or picketing outside the workplace to prevent or dissuade people from working in their place or conducting business with their employer. Less frequently workers may occupy the workplace, but refuse either to do their jobs or to leave. This is known as a sit-down strike. A similar tactic is the

work-in A work-in is a form of direct action under which workers whose jobs are under threat resolve to remain in their place of employment and to continue producing, without pay. Their intention is usually to show that their place of work still has long ...

, where employees occupy the workplace but still continue work, often without pay, which attempts to show they are still useful, or that

worker self-management Workers' self-management, also referred to as labor management and organizational self-management, is a form of organizational management based on self-directed work processes on the part of an organization's workforce. Self-management is a def ...

can be successful. For instance, this occurred with factory occupations in the ''

Biennio Rosso The Biennio Rosso (English: "Red Biennium" or "Two Red Years") was a two-year period, between 1919 and 1920, of intense social conflict in Italy, following the First World War.Brunella Dalla Casa, ''Composizione di classe, rivendicazioni e prof ...

'' strikesthe "two red years" of Italy from 1919 to 1920. Another unconventional tactic is

work-to-rule Work-to-rule (also known as an Italian strike, in Italian: ''Sciopero bianco'', or Slowdown in US usag is a job action in which employees do no more than the minimum required by the rules of their contract or job, and strictly follow time-con ...

(also known as an ''Italian strike'', in it, Sciopero bianco), in which workers perform their tasks exactly as they are required to but no better. For example, workers might follow all safety regulations in such a way that it impedes their productivity or they might refuse to work

overtime Overtime is the amount of time someone works beyond normal working hours. The term is also used for the pay received for this time. Normal hours may be determined in several ways: *by custom (what is considered healthy or reasonable by society) ...

. Such strikes may in some cases be a form of "partial strike" or "slowdown". During the development boom of the 1970s in Australia, the

Green ban A green ban is a form of strike action, usually taken by a trade union or other organised labour group, which is conducted for environmentalist or conservationist purposes. They were mainly done in Australia in the 1970s, led by the Builders La ...

was developed by certain unions described by some as more socially conscious. This is a form of strike action taken by a trade union or other organized labor group for

environmentalist An environmentalist is a person who is concerned with and/or advocates for the protection of the environment. An environmentalist can be considered a supporter of the goals of the environmental movement, "a political and ethical movement that se ...

or conservationist purposes. This developed from the black ban, strike action taken against a particular job or employer in order to protect the economic interests of the strikers.

United States labor law United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "org ...

also draws a distinction, in the case of private sector employers covered by the National Labor Relations Act, between "economic" and "unfair labor practice" strikes. An employer may not fire, but may permanently replace, workers who engage in a strike over economic issues. On the other hand, employers who commit

unfair labor practice An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) (also known as the NLRA and the Wagner Act after NY Senator Ro ...

s (ULPs) may not replace employees who strike over them, and must fire any strikebreakers they have hired as replacements in order to reinstate the striking workers. Battle strike 1934

Strikes may be specific to a particular workplace, employer, or unit within a workplace, or they may encompass an entire industry, or every worker within a city or country. Strikes that involve all workers, or a number of large and important groups of workers, in a particular community or region are known as general strikes. Under some circumstances, strikes may take place in order to put pressure on the State or other authorities or may be a response to unsafe conditions in the workplace. A

sympathy strike Solidarity action (also known as secondary action, a secondary boycott, a solidarity strike, or a sympathy strike) is industrial action by a trade union in support of a strike initiated by workers in a separate corporation, but often the same en ...

is, in a way, a small scale version of a general strike in which one group of workers refuses to cross a picket line established by another as a means of supporting the striking workers. Sympathy strikes, once the norm in the construction industry in the United States, have been made much more difficult to conduct due to decisions of the

permitting employers to establish separate or "reserved" gates for particular trades, making it an unlawful secondary boycott for a union to establish a picket line at any gate other than the one reserved for the employer it is picketing. Sympathy strikes may be undertaken by a union as an orgition or by individual union members choosing not to cross a picket line. A

jurisdictional strike In United States labor law, 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 uno ...

refers to 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. A student strike has the students (sometimes supported by faculty) not attending schools. In some cases, the strike is intended to draw media attention to the institution so that the grievances that are causing the students to "strike" can be aired before the public; this usually damages the institution's (or government's) public image. In other cases, especially in government-supported institutions, the student strike can cause a budgetary imbalance and have actual economic repercussions for the institution. A hunger strike is a deliberate refusal to eat. Hunger strikes are often used in prisons as a form of political protest. Like student strikes, a hunger strike aims to worsen the public image of the target. A "sickout", or (especially by uniformed police officers) "blue flu", is a type of strike action in which the strikers malingering, call in sick. This is used in cases where laws prohibit certain employees from declaring a strike. Police, firefighters, air traffic controllers, and teachers in some U.S. states are among the groups commonly barred from striking usually by state and federal laws meant to ensure the safety or security of the general public. Newspaper writers may withhold their names from their stories as a way to protest actions of their employer. Activists may form "" groups for strikes or other actions to disrupt the workplace or another aspect of capitalism: supporting other strikers or unemployed workers, participating in protests against globalization, or opposing abusive landlords.

Legal prohibitions

Canada

On 30 January 2015, the Supreme Court of Canada ruled that there is a constitutional right to strike. In this 5–2 majority decision, Rosalie Abella, Justice Rosalie Abella ruled that "[a]long with their right to associate, speak through a bargaining representative of their choice, and bargain collectively with their employer through that representative, the right of employees to strike is vital to protecting the meaningful process of collective bargaining..." [paragraph 24]. This decision adopted the dissent by Brian Dickson, Chief Justice Brian Dickson in a 1987 Supreme Court ruling on a reference case brought by the province of Alberta. The exact scope of this right to strike remains unclear. Prior to this Supreme Court decision, the federal and provincial governments had the ability to introduce "back to work legislation", a special law that blocks the strike action (or a lockout) from happening or continuing. Canadian governments could also have imposed binding arbitration or a new contract on the disputing parties. Back to work legislation was first used in 1950 during a railway strike, and as of 2012 had been used 33 times by the federal government for those parts of the economy that are regulated federally (grain handling, rail and air travel, and the postal service), and in more cases provincially. In addition, certain parts of the economy can be proclaimed "essential services" in which case all strikes are illegal. Examples include when the government of Canada passed back to work legislation during the 2011 Canada Post lockout and the 2012 CP Rail strike, thus effectively ending the strikes. In 2016, the government's use of back to work legislation during the 2011 Canada Post lockout was ruled unconstitutional, with the judge specifically referencing the Supreme Court of Canada's 2015 decision ''Saskatchewan Federation of Labour v Saskatchewan''.

People's Republic of China and the former Soviet Union

Strajk sierpniowy w Stoczni Gdańskiej im

In some Marxism–Leninism, Marxist–Leninist states, such as the People's Republic of China, striking was illegal and viewed as counter-revolutionary. In 1976, China signed the

, which guaranteed the right to unions and striking, but Chinese officials declared that they had no interest in allowing these liberties. In June 2008, the municipal government in the Shenzhen Special Economic Zone introduced draft labor regulations, which a labor rights advocacy group says would, if implemented and enforced, virtually restore Chinese workers' right to strike. In the Soviet Union, strikes occurred throughout the existence of the USSR, most notably in the 1930s. After World War II, they diminished both in number and in scale. Trade unions in the Soviet Union served in part as a means to educate workers about the country's economic system. Vladimir Lenin referred to trade unions as "Schools of Communism".

France

La grève des mineurs du Pas-de-Calais, 1906

In France, the right to strike is recognized and guaranteed by the Constitution. A "minimum service" during strikes in public transport was a promise of Nicolas Sarkozy during his campaign for the French presidential election. A law "on social dialogue and continuity of public service in regular terrestrial transports of passengers" was adopted on 12 August 2007, and it took effect on 1 January 2008. This law, among other measures, forces certain categories of public transport workers (such as train and bus drivers) to declare to their employer 48 hours in advance if they intend to go on strike. Should they go on strike without having declared their intention to do so beforehand, they leave themselves open to sanctions. Unions oppose this law, arguing these 48 hours are used not only to pressure the workers but also to keep files on the more militant workers, who will more easily be undermined in their careers by the employers. They also argue this law prevents the more hesitant workers from making the decision to join the strike the day before, once they have been convinced to do so by their colleagues and more particularly the union militants, who maximize their efforts in building the strike (by handing out leaflets, organizing meetings, discussing the demands with their colleagues) in the last few days preceding the strike. This law makes it also more difficult for the strike to spread rapidly to other workers, as they are required to wait at least 48 hours before joining the strike. This law also makes it easier for the employers to organize the production as it may use its human resources more effectively, knowing beforehand who is going to be at work and not, thus undermining, albeit not very much, the effects of the strike. However, this law has not had much effect as strikes in public transport still occur in France, and at times the workers refuse to comply by the rules of this law. The public transport industrypublic or privately ownedremains very militant in France and keen on taking strike action when their interests are threatened by the employers or the government. The public transport workers in France, in particular the "Cheminots" (employees of the national French railway company) are often seen as the most radical "vanguard" of the French working class. This law has not, in the opinion of many, changed this fact.

Italy

In Italy, the right to strike is guaranteed by the Constitution of Italy, Constitution (s:Constitution of Italy#Article 40, article 40). The law number 146 of 1990 and law number 83 of 2000 regulate the strike actions. In particular, they impose limitations for the strikes of workers in public essential services, i.e., the ones that "guarantee the personality rights of life, health, freedom and security, movements, assistance and welfare, education, and communications". These limitations provide a minimum guarantee for these services and punish violations. Similar limitations are applied to workers in the private sector whose strike can affect public services. The employer is explicitly forbidden to apply sanctions to employees participating to the strikes, with the exception of the aforementioned essential services cases. The Government of Italy, government, under exceptional circumstances, can impose the ''precettazione'' of the strike, i.e., can force the postponement, cancellation or duration reduction of a national-wide strike. The Prime Minister of Italy, prime minister has to justify the decision of applying the''precettazione'' in front of the Italian Parliament, parliament. For local strikes, ''precettazione'' can also be applied by a decision of the prefect. The employees refusing to work after the ''precettazione'' takes effect may be subject of a sanction or even a penal action (for a maximum of 4 years of prison) if the illegal strike causes the suspension of an essential service. ''Precettazione'' has been rarely applied, usually after several days of strikes affecting transport or fuel services or extraordinary events. Recent cases include the cancellation of the 2015 strike of the Azienda Trasporti Milanesi, company providing transportation services in Milan during Expo 2015, and the 2007 ''precettazione'' to stop the strike of the truck drivers that was causing food and fuel shortage after several days of strike.

United Kingdom

Legislation was enacted in the aftermath of the British police strikes in 1918 and 1919, 1919 police strikes, forbidding British police from both taking industrial action, and discussing the possibility with colleagues. In January 1951 during the Labour Party (UK), Labour Attlee ministry, Attorney-General Hartley Shawcross left Shawcross principle, his name to a Parliamentary principle in a defense of his conduct regarding an illegal strike: that the Attorney-General "is not to be put, and is not put, under pressure by his colleagues in the matter" of whether or not to establish criminal proceedings. The Industrial Relations Act 1971 was repealed through the Trade Union and Labour Relations Act 1974, sections of which were repealed by the Employment Act 1982. The Code of Practice on Industrial Action Ballots and Notices, and sections 22 and 25 of the Employment Relations Act 2004, which concern industrial action notices, commenced on 1 October 2005. The Police Federation of England and Wales, Police Federation, which was created at the time to deal with employment grievances and to provide representation to police officers, attempted to put pressure on the Third Blair ministry, Blair ministry and at the time repeatedly threatened strike action. Prison officers have gained and lost the right to strike over the years; in the 2010s, despite it being illegal, they walked out on 15 November 2016, and again on 14 September 2018.

United States

The Railway Labor Act bans strikes by United States airline and railroad employees except in narrowly defined circumstances. The National Labor Relations Act generally permits strikes, but provides a mechanism to enjoin from striking workers in industries in which a strike would create a national emergency. , the federal government most recently invoked these statutory provisions to obtain an injunction requiring the International Longshore and Warehouse Union to return to work in 2002 after having been locked out by the employer group, the Pacific Maritime Association. Some jurisdictions prohibit all strikes by public employees, under laws such as the "Taylor Law" in New York (state), New York. Other jurisdictions impose strike bans only on certain categories of workers, particularly those regarded as critical to society: police, teachers and firefighters are among the groups commonly barred from striking in these jurisdictions. Some states, such as New Jersey, Michigan, Iowa or Florida, do not allow teachers in public schools to strike. Workers have sometimes circumvented these restrictions by falsely claiming inability to work due to illnessthis is sometimes called a "sickout" or "blue flu", the latter receiving its name from the uniforms worn by police officers, who are traditionally prohibited from striking. The term "red flu" has sometimes been used to describe this action when undertaken by firefighters. Under federal law, federal employees who participate in a strike, or who assert the right to strike against the US government, are barred from retaining their employment. Often, specific regulations on strike actions exist for employees in prisons. The Code of Federal Regulations declares "encouraging others to refuse to work, or to participate in a work stoppage" by prisoners to be a "High Severity Level Prohibited Act" and authorizes solitary confinement for periods of up to a year for each violation. The California Code of Regulations states that "[p]articipation in a strike or work stoppage", "[r]efusal to perform work or participate in a program as ordered or assigned", and "[r]ecurring failure to meet work or program expectations within the inmate's abilities when lesser disciplinary methods failed to correct the misconduct" by prisoners is "serious misconduct" under §3315(a)(3)(L), leading to gang affiliation under CCR §3000. Postal workers involved in 1978 wildcat strikes in Jersey City, New Jersey, Jersey City, Kearny, New Jersey, San Francisco, and Washington, D.C. were fired under the presidency of Jimmy Carter, and President Ronald Reagan fired air traffic controllers and the Professional Air Traffic Controllers Organization (1968), PATCO union after the Professional Air Traffic Controllers Organization (1968), air traffic controllers' strike of 1981. The 2018 West Virginia teachers' strike, West Virginia teacher's strike in 2018 inspired 2018–19 education workers' strikes in the United States, teachers in other states, including 2018 Oklahoma teachers' strike, Oklahoma, 2018 Colorado teachers' strike, Colorado, and 2018 Arizona teachers' strike, Arizona, to take similar action.

Jurisprudence and philosophy

Strike actions have also been discussed from the perspective of jurisprudence and philosophy, with issues being raised such as whether people have a right to strike, the interaction of strikes with other rights, civil order, coercion, justice and the interplay between striking and contracts.

Strikebreakers

A ''strikebreaker'' (sometimes derogatorily called a ''scab'', ''blackleg'', or ''knobstick'') is a person who works despite an ongoing strike. Strikebreakers are usually individuals who are not employed by the company prior to the

dispute, but rather hired after or during the strike to keep the organization running. "Strikebreakers" may also refer to workers (union members or not) who cross picketing (protest), picket lines to work. Irwin, Jones, McGovern (2008) believe that the term "scab" is part of a larger metaphor involving strikes. They argue that the picket line is symbolic of a wound and those who break its borders to return to work are the scabs who bond that wound. Others have argued that the word is not a part of a larger metaphor but, rather, was an old-fashioned English insult whose meaning narrowed over time. "Blackleg" is an older word and is found in the 19th-century folk song "Blackleg Miner" which originated in Northumberland. The term does not necessarily owe its origins to this tune of unknown origin. Chicago Tribune 1986 strikebreakers

Union strikebreaking

The concept of ''union strikebreaking'' or ''union scabbing'' refers to any circumstance in which union workers themselves cross picket lines to work. Unionized workers are sometimes required to cross the picket lines established by other unions due to their organizations having signed contracts which include no-strike clauses. The no-strike clause typically requires that members of the union not conduct any strike action for the duration of the contract; such actions are called ''sympathy'' or ''secondary strikes''. Members who honor the picket line in spite of the contract frequently face discipline, for their action may be viewed as a violation of provisions of the contract. Therefore, any union conducting a strike action typically seeks to include a provision of amnesty for all who honored the picket line in the agreement that settles the strike. No-strike clauses may also prevent unionized workers from engaging in solidarity actions for other workers even when no picket line is crossed. For example, striking workers in manufacturing or mining produce a product which must be transported. In a situation where the factory or mine owners have replaced the strikers, unionized transport workers may feel inclined to refuse to haul any product that is produced by strikebreakers, yet their own contract obligates them to do so. Historically the practice of union strikebreaking has been a contentious issue in the union movement, and a point of contention between adherents of different union philosophies. For example, supporters of Industrial unionism, industrial unions, which have sought to organize entire workplaces without regard to individual skills, have criticized craft unionism, craft unions for organizing workplaces into separate unions according to skill, a circumstance that makes union strikebreaking more common. Union strikebreaking is not unique to craft unions.

Anti-strike action

Most strikes called by unions are somewhat predictable; they typically occur after the contract has expired. However, not all strikes are called by union organizationssome strikes have been called in an effort to pressure employers to recognize unions. Other strikes may be spontaneous actions by working people. Spontaneous strikes are sometimes called "wildcat strikes"; they were the key fighting point in May 1968 in France; most commonly, they are responses to serious (often life-threatening) safety hazards in the workplace rather than wage or hour disputes, etc. Whatever the cause of the strike, employers are generally motivated to take measures to prevent them, mitigate the impact, or to undermine strikes when they do occur. Giant inflatable rat

Strike preparation

Companies which produce products for sale will frequently increase inventories prior to a strike. Salaried employees may be called upon to take the place of strikers, which may entail advance training. If the company has multiple locations, personnel may be redeployed to meet the needs of reduced staff. Companies may also take out ''strike insurance'', to help offset the losses which a strike would cause. When established unions commence strike action, some companies may decline entirely to negotiate with the union, and respond to the strike by hiring replacement workers. For strikers, this may be concerning for multiple reasons. For example, they may fear that the strike will be lost. The length of time that the strike may last could cause many workers to cease striking, which would likely cause it to fail. They may also be concerned that they will lose their jobs entirely. Companies that hire strikebreakers typically use these concerns to attempt to convince union members to abandon the strike and cross the union's Picketing (protest), picket line. Unions faced with a strikebreaking situation may try to inhibit the use of strikebreakers by a variety of methodsestablishing picket lines where strikebreakers enter the workplace; discouraging strike breakers from taking, or from keeping, strikebreaking jobs; raising the cost of hiring strikebreakers for the company; or employing public relations tactics. Companies may respond by increasing security forces and seeking court injunctions. Examining conditions in the late 1990s, John Logan observed that union busting agencies helped to "transform economic strikes into a virtually suicidal tactic for US unions". Logan further observed, "as strike rates in the United States have plummeted to historic low levels, the demand for strike management firms has also declined.""The Union Avoidance Industry in the United States", ''British Journal of Industrial Relations'', John Logan, Blackwell Publishing Ltd, December 2006, pp. 651–675. In the US, as established in the National Labor Relations Act there is a legally protected right for private sector employees to strike to gain better wages, benefits, or working conditions and they cannot be fired. Striking for economic reasons (like protesting workplace conditions or supporting a union's bargaining demands) allows an employer to hire permanent replacements. The replacement worker can continue in the job and then the striking worker must wait for a vacancy. But if the strike is due to unfair labor practices, the strikers replaced can demand immediate reinstatement when the strike ends. If a collective bargaining agreement is in effect, and it contains a "no-strike clause", a strike during the life of the contract could result in the firing of all striking employees which could result in dissolution of that union. Although this is legal it could be viewed as union busting.

Strike breaking

Some companies negotiate with the union during a strike; other companies may see a strike as an opportunity to eliminate the union. This is sometimes accomplished by the importation of replacement workers, strikebreakers or "scabs". Historically, strike breaking has often coincided with union busting. It was also called 'Blackleg labour, black legging' in the early twentieth century, during the Russian socialist movement.

Union busting

One method of inhibiting or ending a strike is firing union members who are striking which can result in elimination of the union. Although this has happened, it is rare due to laws regarding firing and "right to strike" having a wide range of differences in the US depending on whether union members are public or private sector. Laws also vary country to country. In the UK, "It is important to understand that there is no right to strike in UK law." Employees who strike risk dismissal, unless it is an official strike (one called or endorsed by their union) in which case they are protected from unlawful dismissal, and cannot be fired for at least 12 weeks. UK laws regarding work stoppages and strikes are defined within the Employment Relations Act 1999 and the Trade Union and Labour Relations (Consolidation) Act 1992. A significant case of mass-dismissals in the UK in 2005 involved the sacking of over 600 Gate Gourmet employees at Heathrow Airport. The sacking prompted a walkout by British Airways ground staff leading to cancelled flights and thousands of delayed passengers. The walkout was illegal under UK law and the T&GWU quickly brought it to an end. A subsequent court case ruled that demonstrations on a grass verge approaching the Gate Gourmet premises were not illegal, but limited the number and made the T&G responsible for their action.[BBC News 21 August 2005], https://news.bbc.co.uk/2/hi/business/4168084.stm In 1962, US President John F. Kennedy issued Executive Order #10988[Executive Order 10988], http://www.presidency.ucsb.edu/ws/index.php?pid=58926#axzz1iul5EQQB which permitted federal employees to form trade unions but prohibited strikes (codified in 1966 at 5 U.S.C. 7311Loyalty and Striking). In 1981, after public sector union PATCO (Professional Air Traffic Controllers Organization (1968), Professional Air Traffic Controllers Organization) went on strike illegally, President Ronald Reagan fired all of the controllers. His action resulted in the dissolution of the union. PATCO reformed to become the National Air Traffic Controllers Association. Oběti srážky stávkujících s vojskem v dubnu 1917

Oběti srážky stávkujících s vojskem v dubnu 1917

In the U.S., as established in the National Labor Relations Act there is a legally protected right for private sector employees to strike to gain better wages, benefits, or working conditions and they cannot be fired. Striking for economic reasons (i.e., protesting workplace conditions or supporting a union's bargaining demands) allows an employer to hire permanent replacements. The replacement worker can continue in the job and then the striking worker must wait for a vacancy. But if the strike is due to

s (ULP), the strikers replaced can demand immediate reinstatement when the strike ends. If a collective bargaining agreement is in effect, and it contains a "no-strike clause", a strike during the life of the contract could result in the firing of all striking employees which could result in dissolution of that union. Amazon has used the Law firm Wilmerhale to legally end worker strikes at its locations.

Lockout

Another counter to a strike is a lockout (industry), lockout, a form of work stoppage in which an employer refuses to allow employees to work. Two of the three employers involved in the Caravan park grocery workers strike of 2003–2004 locked out their employees in response to a strike against the third member of the employer bargaining group. Lockouts are, with certain exceptions, lawful under

Violence

Historically, some employers have attempted to break union strikes by force. One of the most famous examples of this occurred during the Homestead Strike of 1892. Industrialist Henry Clay Frick sent private security agents from the Pinkerton National Detective Agency to break the Amalgamated Association of Iron and Steel Workers strike at a Homestead, Pennsylvania, Homestead, Pennsylvania steel mill. Two strikers were killed, twelve wounded, along with two Pinkertons killed and eleven wounded. In the aftermath, Frick was shot in the neck and then stabbed by Alexander Berkman, surviving the attack, while Berkman was sentenced to 22 years in prison.

Films

Non-fiction

* ''Final Offer''A look at the 1984 contract negotiations between General Motors and its union. * ''Harlan County, USA'', Director: Barbara Kopple, USA 1976–A documentary film about a very long and bitter strike of coal miners in Kentucky * ''American Dream (film), American Dream,'' Director: Barbara Kopple, USA 1990A documentary film about the unsuccessful 1985–1986 Meat packing industry, meatpacker's strike against Hormel Foods Corporation, Hormel Foods in Austin, Minnesota, Austin, Minnesota. * Jimmy Hoffa, a labor union leader who ran the International Brotherhood of Teamsters (IBT) union from 1958 until 1971, was portrayed by Robert Blake (actor), Robert Blake in the 1983 TV-film ''Blood Feud (1983 film), Blood Feud'', Trey Wilson in the 1985 television miniseries ''Robert Kennedy & His Times'', and by Jack Nicholson in the 1992 biographical film ''Hoffa (film), Hoffa''. * ''Newsies'', a Disney movie based on the Newsboys' strike of 1899, Newsboys' Strike of 1899 directed by Kenny Ortega and music composed by Alan Menken. * ''Bastard Boys'', A miniseries based on the 1998 Australian waterfront dispute. * ''Made in Dagenham'', A film about the strike by female employees at the Ford Motor company in the UK. * ''The Great Grunwick Strike 1976-1978'' Director: Chris Thomas, Brent Trades Union Council (2007 film)

Fiction

* ''Strike (1925 film), Statschka'' ("Strike"), Director: Sergei Eisenstein, Soviet Union 1924 * ''Brother (1929 film), Brüder'' ("Brother"), Director: Werner Hochbaum, Germany 1929–On the general strike in the port of Hamburg, Germany in 1896/97 * ''The Stars Look Down (film), The Stars Look Down'', Director: Carol Reed, England 1939Film about a strike over safety standards at a coal mine in North-East Englandbased on the A.J. Cronin, Cronin novel * ''The Grapes of Wrath (film), The Grapes of Wrath'' a 1940 film by John Ford includes description of migrant workers striking, and its violent breaking by employers, assisted by the police. Based on The Grapes of Wrath, the novel by John Steinbeck. * ''Salt of the Earth (1954 film), Salt of the Earth'', Director: Herbert J. Biberman, USA 1953–Fictionalized account of an actual zinc-miners' strike in Silver City, New Mexico, in which women took over the picket line to circumvent an injunction barring "striking miners" from company property. The striking women were largely played by real members of the strike, and one woman was deported to Mexico while filming. The union organizer Clinton Jencks (from Jencks v. United States fame) also participated. * ''The Molly Maguires (film), The Molly Maguires'', Director: Martin Ritt, 1970 film starring Sean Connery and Richard Harris. Frustrated by the failure of strike action to achieve their industrial objectives, a secret society among Pennsylvania coal miners sabotages the mine with explosives to try to get what their industrial action failed to obtain. A Pinkerton agent infiltrates them. * ''F.I.S.T. (film), F.I.S.T.'', Director: Norman Jewison, 1978loosely based on the Teamsters union and former president Jimmy Hoffa. * ''Norma Rae'', Director: Martin Ritt, 1979. * ''Matewan'', Director: John Sayles, 1987critically acclaimed account of a coal mine-workers' strike and attempt to unionize in 1920 in Matewan, a small town in the hills of West Virginia. * ''Made in Dagenham'', 2010based on the strike at Ford Motor Company, Fords plant in Dagenham, England, UK, which won equal pay for female workers.

Other uses

* Sometimes, "to go on strike" is used figuratively for machinery or equipment not working due to malfunction, e.g. "''My computer's on strike''".

References

External links

*
News and histories of strikes from around the world

* [http://www.ilo.org/public/english/dialogue/ifpdial/info/national/ire.htm#15 Labour Law Profile: Ireland]
Strike! Famous Worker Uprisings
– slideshow by ''Life (magazine), Life'' {{DEFAULTSORT:Strike Action Strikes (protest), Protest tactics Labor disputes