I need a discussion response to my peers discussion post below Not all forms of

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I need a discussion response to my peers discussion post below

Not all forms of strikes are protected by the NLRA. Answer the following questions:

1) What types are protected?

            Our text tells us that economic and unfair labor practice strikes are protected under section 7 of the NLRA. An economic strike is one that employees are fighting for better wages, benefits and work rules while unfair labor practice strikes look to find better working conditions (Budd, 2017, p. 276). These types of strikes are not punishable, and workers are not to be disciplined or fired. Another type of strike protected by the NLRA is a recognition strike. This type of strike seeks to have the employer recognize and bargain with the union. However, our text goes on to state that this can only last 30 days (Budd, 2017, p. 277).

            Table 8.1 also gives two examples of other strikes that could possibly be protected by the NLRA but are not always. This includes sympathy strikes and wildcat strikes. Having a no-strike clause can negate the NLRA’s protection in both of these cases (Budd, 2017, p. 277). In these cases workers can be disciplined or terminated because this no-strike clause waives the NLRA's protection.

2) Unprotected?

            Using the same table as above, we are given a list of unprotected strikes. The NLRA has prohibited jurisdictional strikes, meaning employees cannot strike over assignments of work. The second is noneconomical strikes, where employees strike over permissive bargaining items. The NLRA does not negotiate with these terms. Finally, general or political strikes are not protected. These do not fit in with the NLRA’s mission to improve better wages, hours, and working conditions (Budd, 2017, p. 277).

3)      Does this make sense, or should all types of strikes be treated equally?

            This does make sense. The NLRA must have some standards set in order to accomplish its goals. They strictly work to bargain for better wages, benefits, and working conditions (Budd, 2017, p. 273). Adding a political agenda or other grievances will take away from its mission. Some strikes also hold more creditability than others.

Resource

Budd, J. W. (2017). Labor relations: Striking a balance (5th ed.). Dubuque, IA:                                        McGraw-Hill Education.

Explanation / Answer

1). What types are protected?

Under the National Labor Relation Act, an employee's right to strike is a considered as a critical component of the right to organize. But to ensure balance this right is not without limitations. As per Section 7 of NLRA only Certain strikes qualify as protected activity. These recognized strikes are:

Unfair labor practice strikes, which protest employers illegal activities.
Economic strikes, which may occur when there are disputes over wages or benefits.
Recognition strikes, which are intended to force employers to recognize unions.
Jurisdictional strikes, which are concerted refusals to work to affirm members right to particular job assignments and to protest the assignment of work to another union or to unorganized employees.
In addition to these strikes protected under NLRA, some states have recognized some other strikes also a protected.
2) unprotected Strikes under NLRA?

As a general definition, any strike which is not protected under NLRA Section 7, are unprotected strikes, but following is the list of strikes that are illegal, and employees who engage in such strikes lose the protection of the NLRA:

Intermittent strikes, involving the constant repetition of short strikes in which the employees attempt to pressure the employer to concede to their demands while still receiving wages;

· "Work to rule" or slowdown strikes, in which employees fail to perform the duties which the employer has historically required them to perform;

· In-facility or "sit down" strikes, in which the striking employees take possession of the employer's property and block others from entering;

· Recognition or organization picketing when the employer has lawfully recognized another union, or when a valid election has been conducted within the preceding 12 months;

· Secondary boycotts, in which the employees picket a neutral employer; and

· Violence and mass picketing.
3. Does this make sense, or should all types of strikes be treated equally?

The main reason and justification of recognizing some strikes as legal and be considered as the right of the labor to carry out when all other measures of dispute resolution have failed is to strike a balance in the rights and exploitation of the labor by the organizations.

Similarly, the recognition of only a few types of strikes as legal helps organization’s cause also as not recognizing all types of strikes deters labor to go on strike for any discontent or dispute.

Thus the recognition of some strikes only is a measure very important to ensure there is no undue exploitation of any of the two sides.

Please support your points with references from your textbook, journals, websites, etc.

For all these explanations I have used NLRB websites only.

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