Can I refuse to cross a picket line?

Refusing to cross a lawfully established picket line is protected by the National Labor Relations Act. You have the legal right not to cross a picket line in solidarity with your own union, out of sympathy for workers from another union, or just to avoid confrontation.

Should you cross a picket line?

Crossing or not crossing a picket line can be a highly personal decision for an employee. Crossing the line can result in harassment from picketing co-workers and, in some cases, threats of violence. But honoring the picket line can leave employees feeling vulnerable about financial and job security.

Why you shouldn't cross a picket line?

You will have to know what to do — so never cross a picket line. It is the strongest action workers can take in an economy that is otherwise stacked against them. By going on strike, employees shut down the jobsite by refusing to work. Even if it doesn't seem like you have a stake in their fight, you probably do.

What constitutes crossing the picket line?

Crossing a picket line occurs at any point when you go beyond the barrier that the striking members are enforcing and onto the employer's premises. Even walking through a building or across a parking lot is considered crossing the picket line.

Can a union force you to strike?

Under the National Labor Relations Act you have a right to strike as well as a right not to strike. If the employer continues to operate during the strike, you need to decide what to do based on your own needs. Don't let anyone coerce you one way or the other.

Picket Lines Mean Do Not Cross — Campaign Launch!

What happens if you don't participate in a strike?

The Union constitution provides for fines and/or assessments to be levied against any union member that either crosses the picket line or refuses to take part in strike activities. Crossing the picket line or failure to participate in the strike will result in loss of union seniority.

What is an unlawful strike?

A strike may be unlawful because an object, or purpose, of the strike is unlawful. A strike in support of a union unfair labor practice, or one that would cause an employer to commit an unfair labor practice, may be a strike for an unlawful object.

Can a union fine its members for crossing the picket line?

If an employee is a union member, the union can legally impose fines if the member violates its rules. However, if the employee resigns from the union before crossing the picket line, the employee cannot be fined. This has been the law according to the U.S. Supreme Court since at least the 1960s.

What is difference between picketing and strike?

Strike is a cessation of work whereas picketing is assembling outside a workplace or location to prevent others from going to work. This is the key difference between strike and picketing.

Is picketing illegal?

Picketing is constitutionally protected as an exercise of freedom of speech. However, picketing is subject to reasonable regulation. For example, where picketing takes place may be restricted as an unfair labor practice, or a company may be able to get an injunction to prevent irreparable injury caused by picketing.

Do you get paid if your 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'.

What happens if you cross the picket line during a strike?

You should assume that, if you resign and cross the picket line, you will not be allowed to rejoin the union. However, even if you do not rejoin, the union must continue to represent you fairly in collective bargaining, contract administration, and grievance adjustment.

How much notice does a union have to give before a strike?

For all industrial action, whether or not the ballot took place before or after 1 March 2017, 14 days' notice must be provided to all relevant employers (any who employ members who will be called upon to take action) before industrial action can begin, unless the employer(s) and union agree to seven days' notice.

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.

Can my union kick me out?

NLRB,⁽²⁶⁾ the Supreme Court held that employees have the right to resign from a union at any time, and that union rules restricting resignations are illegal.

Is it legal for the workers to picket in the situation outlined above?

Is it legal for the workers to picket in the situation outlined above? It is legal for the workers to picket in the situation given. This is because the union had been meet the company for five times and there is no progress for company to signing a new collective agreement.

Can a company fire you for protesting?

However, you can be disciplined or fired if you missed work without permission while you engaged in the protest (unless your employer never disciplines employees for missing work for any other reason). You can also be disciplined or fired if your political activities significantly disrupt your employer's business.

Do employees have the right to protest?

All employees - union or not - have the right to participate in a protected strike, picket or protest. You have a right to strike, picket, and protest regarding work-related issues, but there are limitations and qualifications on the exercise of that right.

Where is picketing lawfully allowed?

Picketing is a way for employees to increase the pressure on their employer in order to resolve the collective bargaining dispute. Employees can only picket when the union is lawfully on strike or the employer has lawfully locked them out. Employees can only picket at the site of the lawful job action.

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.

Whats a union scab?

Legal Definition of scab

1 : a worker who refuses to join a labor union. 2 : a union member who refuses to strike or returns to work before a strike has ended. 3 : a worker who accepts employment or replaces a union worker during a strike : strikebreaker. 4 : one who works for less than union wages or on nonunion terms.

Why are strike workers called scabs?

Hughes notes that the use of the term scab can be traced back to the Elizabethan era in England, and is much more clearly rooted in the concept of disease (e.g., a diseased person) and a sickened appearance. A traditional English proverb, which advises against gossip, is "He that is a blab is a scab".

What are the four types of strikes?

What are the three types of strikes?

What are the two 2 grounds that employees can make a strike?

The law recognizes 2 grounds for the valid exercise of the right to strike or lockout, namely:Collective Bargaining Deadlock (CBD) and/or Unfair Labor Practice (ULP).