According to the Bureau of Labor Statistics, major strike activity increased by 280% in 2023 over 2022. In fact, nearly 500,000 American workers went on strike last year, showing a resurgence in collective action. These major work stoppages were intended to leverage employers’ higher wages, improve benefits, and increase worker protections.
However, what’s critical in this picture is the employer’s response to strike activity.
Under Federal Law, workers cannot be fired for going on strike. Nor can employers threaten to fire them for doing so, according to the National Labor Relations Act (NLRA). Workers have the right to form, join, or assist a union and collectively engage in activities in an effort to improve working conditions. Strikes are considered a protected activity under the NLRA, barring certain circumstances.
Strike protections have some limitations – for example, freelancers and workers in some “critical” industries, such as railways and airlines, do not have the fundamental right to strike under current law. Additionally, some benefits are not guaranteed to striking workers.
As the workforce landscape shifts and union membership grows, it’s important for employers to not only understand employees’ right to unionize but also to know what constitutes a “threat” or “intimidation” against these actions. While retaliatory dismissals are the obvious one, activities that may count as illicit intimidation under the NLRA include:
- Interfering with union membership or organizing
- Asking questions about union support is designed to negatively sway union participation
- Promising benefits to those employees who do not join a union
- Demoting or transferring union employees
Be aware that in addition to Federal Law, worker protection laws may also vary from state to state.
If you are an employer that is organized or experience an organizing campaign and you have questions regarding your rights and obligations, contact Warner PLLC today. We can help you navigate your unique situation.
