Should Sit down Strikes Be Legal

Legally, there is really no difference. All could fall under the “protected concerted activities” clause of the National Labour Relations Act. (Translation: All could include employees who organize to improve their working conditions.) It does not matter whether an employee belongs to a union or not. There are two main types of legal strikes: one is called an economic strike, when workers negotiate better wages and benefits. That`s what GM workers are doing right now. On January 22, 1937, 12 days into the strike, about 100 strikers occupied the second floor of the Fisher Body Factory, where the sit-in had begun. Another 150 strikers and supporters demonstrated in front of the factory at 16 degrees. The problems began when GM officials ordered the plant`s heating to be turned off. Illegal strikes include sit-ins, wildcat strikes, and partial strikes (such as slowdowns or sick leave). Strikes can also be called for purely political reasons (as in the general strike).

Union leaders have planned a strike at General Motors to force the giant company to negotiate a single labor contract. But when the strike began, it came as a surprise even to the UAW leadership. On December 30, 1936, a group of about 50 UAW assembly line workers, angered by another attempt by GM to weaken their union, spontaneously sat down and refused to work at GM`s Fisher Body plant in Flint, Michigan. This action paralyzed the entire assembly line. Union leaders quickly intervened and called for more sit-ins at nearby GM body plants. The workers responded. The long-awaited confrontation between the world`s largest auto giant and the struggling UAW had begun. Before the sit-in ended, another 50 GM plants in the U.S. closed due to work stoppages or auto parts shortages. Some of the most notorious illegal strikes in recent years have been teachers` strikes.

Because government employees are not covered by the NLRA, they are subject to state laws. And in West Virginia, Kentucky and Oklahoma, it`s illegal for public school teachers to strike. It should be noted that the following is only a brief overview. A detailed analysis of the right to strike and the application of the law to all factual situations that may arise in relation to strikes would be beyond the scope of these documents. Workers and employers expecting to participate in a strike should be counselled carefully and competently. The sit-in tactic had already been banned by the National Labor Relations Board, a government agency, but the Fansteel workers believed they had a legitimate case because it was the factory, not them, that made the first illegal move – their strike was just one response. The court ruled that workers who violated the law, whether or not that violation was caused by a violation of the company, do not need to be reinstated. In other words, any worker who breaks the law during a strike can be fired no matter what.

1. What other factors should the Supreme Court have considered? The following strikes are legal under Section 7 of the National Labor Relations Act (NLRA): . Similar to the sit-in, the sit-in was used by the unions to occupy the factories of striking companies. The sit-in was first widely used in the United States during the United Auto Workers strike against General Motors Corporation in 1937. See also civil disobedience. If the Commission finds that economic strikers or strikers have unlawfully rejected unfair labour practices and have made an unconditional request for reinstatement by their employer, it may grant those strikers an additional payment from the time they should have been reinstated. Soon, GM and the UAW were embroiled in a larger dispute, even though the UAW represented only a minority of GM workers. GM argued that all labor issues should be negotiated at local GM plants. When UAW leaders tried to negotiate with local factory managers, they found that these people had little authority to solve even the most basic problems. The UAW decided to try a different tactic.

It wanted to negotiate a single contract for all its workers at all GM plants. GM refused to cooperate. A stalemate ensued. The strikers retained control of the factory. Police held a position a short distance away on Chevrolet Avenue. The police did not attack again, but began throwing gas grenades at long-range practitioners. 2. Steel fan. As a group brainstorming session, list five reasons why sit-downers were fired for a “good reason” and should not be reinstated. But all of the work stoppages have raised the question of what exactly counts as a strike and what the consequences are.

Is it the same as a strike? Is it even legal? 4. Are there times when a measure found unconstitutional by the Supreme Court should be reviewed? Why or why not? The minority should also comment on this. Many times in the history of the Supreme Court, the views of the minority later became those of the majority. The right of a unionized worker to be reinstated after the end of a strike depends on the nature of the strike and the underlying reason for the strike. Employers are allowed to hire replacement workers during unfair labour practices and economic strikes. Legal and illegal strikes. The legality of a strike may depend on the purpose or purpose of the strike, its timing or the behaviour of the strikers.