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View Diary: New York City fast food workers kick off seven-city week of walkouts (47 comments)

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  •  I don't mean this in a bad way... (1+ / 0-)
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    But are these strikes technically legal?  My understanding was that sympathy strikes and wildcat strikes were not allowed under current law.  

    •  technically legal? (2+ / 0-)
      Recommended by:
      annieli, smartalek

      like hoovering up our phone conversations, "free speech pens", debtor's prisons, etc.

      •  Yes, technically legal. (2+ / 0-)
        Recommended by:
        shenderson, smartalek

        It's been a while since I've studied Labor Law.  I was hoping for a quick legal analysis of one-day strikes by non-unionized workers coordinated across different employers.

        •  Well, you sure as hell don't have to be unionized! (3+ / 0-)
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          shenderson, annieli, eps62

          To strike. Here, study this.

          Which contains this...

          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 strikes 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 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. Other jurisdictions impose strike bans only on certain categories of workers, particularly those regarded as critical to society: police 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 illness — this 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.

          Postal workers involved in 1978 wildcat strikes in 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 PATCO union after the air traffic controllers' strike of 1981.

          What stronger breast-plate than a heart untainted! Thrice is he arm'd, that hath his quarrel just; And he but naked, though lock'd up in steel, Whose conscience with injustice is corrupted. King Henry, scene ii

          by TerryDarc on Mon Jul 29, 2013 at 09:56:06 AM PDT

          [ Parent ]

    •  Questionable (1+ / 0-)
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      In any case, the stores can hire new workers who are willing to work for $7.25 an hour. In an unskilled sector like restaurant work, there's no incentive for employers to bargain with existing employees. They can just as easily grab the stack of applications and hire new ones.

    •  The strike over the firing of a unionizer... (2+ / 0-)
      Recommended by:
      smartalek, eps62

      ... seems like it might fall under the category of an unfair labor practices strike, which is strongly protected by law (if not always in practice).  But IANAL.

      Seeking alternatives in higher education? Learn more about this small college in Chicago.

      by shenderson on Mon Jul 29, 2013 at 10:50:19 AM PDT

      [ Parent ]

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