In United States labor law, a jurisdictional strike is a concerted refusal to work undertaken by a union to assert its members' right to particular job assignments and to protest the assignment of disputed work to members of another union or to unorganized workers. [1] (Labor unions use the term jurisdiction to refer to their claims to represent workers who perform a certain type of work and the right of their members to perform such work.) The Taft-Hartley amendments to the National Labor Relations Act empowered the National Labor Relations Board to resolve such jurisdictional disputes and authorized the General Counsel of the NLRB to seek an injunction barring such strikes. [2]
Jurisdictional strikes occur most frequently in the United States in the construction industry. Construction unions frequently resolve those disputes through a privately created adjustment system. [3]
In other countries, jurisdiction strikes are often called demarcation disputes.
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The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.
The Labor Management Relations Act, 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. It was enacted by the 80th United States Congress over the veto of President Harry S. Truman, becoming law on June 23, 1947.
Strike action, also called labor strike, labour strike in British English, or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became common during the Industrial Revolution, when mass labor became important in factories and mines. As striking became a more common practice, governments were often pushed to act. When government intervention occurred, it was rarely neutral or amicable. Early strikes were often deemed unlawful conspiracies or anti-competitive cartel action and many were subject to massive legal repression by state police, federal military power, and federal courts. Many Western nations legalized striking under certain conditions in the late 19th and early 20th centuries.
Industrial relations or employment relations is the multidisciplinary academic field that studies the employment relationship; that is, the complex interrelations between employers and employees, labor/trade unions, employer organizations, and the state.
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.
Union violence refers to violence committed by unions or union members to achieve political objectives, particularly during labor disputes. When union violence has occurred, it has frequently been in the context of industrial unrest. Violence has ranged from isolated acts by individuals to wider campaigns of organized violence aimed at furthering union goals within an industrial dispute.
A strikebreaker is a person who works despite an ongoing strike. Strikebreakers may be current employees, or new hires, who are hired after or during the strike to keep the organization running. In continuing to work, or taking jobs at a workplace under current strike, strikebreakers are said to "cross picket lines".
Labor unions represent United States workers in many industries recognized under US labor law since the 1935 enactment of the National Labor Relations Act. Their activity centers on collective bargaining over wages, benefits, and working conditions for their membership, and on representing their members in disputes with management over violations of contract provisions. Larger labor unions also typically engage in lobbying activities and electioneering at the state and federal level.
The National Labor Board (NLB) was an independent agency of the United States Government established on August 5, 1933, to handle labor disputes arising under the National Industrial Recovery Act (NIRA).
Kate Bronfenbrenner is the Director of Labor Education Research at the Cornell University School of Industrial and Labor Relations. She is a leading authority on successful strategies in labor union organizing, and on the effects of outsourcing and offshoring on workers and worker rights.
Julius Gerson Getman is a professor of law at the University of Texas School of Law, and a noted labor and employment law scholar and labor historian.
Labor relations or labor studies is a field of study that can have different meanings depending on the context in which it is used. In an international context, it is a subfield of labor history that studies the human relations with regard to work in its broadest sense and how this connects to questions of social inequality. It explicitly encompasses unregulated, historical, and non-Western forms of labor. Here, labor relations define "for or with whom one works and under what rules. These rules determine the type of work, type and amount of remuneration, working hours, degrees of physical and psychological strain, as well as the degree of freedom and autonomy associated with the work." More specifically in a North American and strictly modern context, labor relations is the study and practice of managing unionized employment situations. In academia, labor relations is frequently a sub-area within industrial relations, though scholars from many disciplines including economics, sociology, history, law, and political science also study labor unions and labor movements. In practice, labor relations is frequently a subarea within human resource management. Courses in labor relations typically cover labor history, labor law, union organizing, bargaining, contract administration, and important contemporary topics.
The National Building Trades Council (NBTC) was an American federation of labor unions in the construction industry. It was active from 1897 to 1903.
The Structural Building Trades Alliance (SBTA) was an American federation of labor unions in the construction industry. It was founded in 1903 and existed until 1908, when it affiliated with the American Federation of Labor (AFL) and became the Building Trades Department.
George W. Taylor was a professor of industrial relations at the Wharton School at the University of Pennsylvania, and is credited with founding the academic field of study known as industrial relations. He served in several capacities in the federal government, most notably as a mediator and arbitrator. During his career, Taylor settled more than 2,000 strikes.
NLRB v. Mackay Radio & Telegraph Co., 304 U.S. 333 (1938), is a United States labor law case of the Supreme Court of the United States which held that workers who strike remain employees for the purposes of the National Labor Relations Act (NLRA). The Court granted the relief sought by the National Labor Relations Board, which sought to have the workers reinstated by the employer. However, the decision is much better known today for its obiter dicta in which the Court said that an employer may hire strikebreakers and is not bound to discharge any of them if or when the strike ends.
Leo Wolman was a noted American economist whose work focused on labor economics. He also served on a number of important boards and commissions for the federal government.
Harry Alvin Millis was an American civil servant, economist, and educator and who was prominent in the first four decades of the 20th century. He was a prominent educator, and his writings on labor relations were described at his death by several prominent economists as "landmarks". Millis is best known for serving on the "first" National Labor Relations Board, an executive-branch agency which had no statutory authority. He was also the second chairman of the "second" National Labor Relations Board, where he initiated a number of procedural improvements and helped stabilize the Board's enforcement of American labor law.
The National War Labor Board, commonly the War Labor Board, was an independent agency of the United States government, established January 12, 1942, by an executive order of President Franklin D. Roosevelt, the purpose of which was to mediate labor disputes as part of the American home front during World War II.
The Building and Construction Trades Department, commonly known as North America's Building Trades Unions (NABTU), is a trade department of the American Federation of Labor and Congress of Industrial Organizations (AFL–CIO) with 14 affiliated labor unions in the building trades. It was originally founded by the American Federation of Labor in 1907.
