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A wildcat strike is a strike action undertaken by unionised workers without union leadership's authorization, support, or approval; this is sometimes termed an unofficial industrial action. The legality of wildcat strikes varies between countries and over time.
In 1965, Canada Post workers illegally walked out for two weeks and won the right to collective bargaining for all public sector employees. [1] This resulted in them throwing out the leadership of the company union and forming the Canadian Union of Postal Workers.
On March 23, 2012, Air Canada ground employees suddenly walked off the job at Toronto Pearson International Airport, resulting in many flight delays, after three workers were suspended for heckling Canadian Labour Minister Lisa Raitt. This followed months of fighting between Air Canada and its other unions. [2]
Hundreds of members of the Alberta Union of Provincial Employees walked out from their jobs on the morning of October 26, 2020 at healthcare centres across the province, resulting in some delays in care. This was in protest of an announcement made 2 weeks prior by Health Minister Tyler Shandro and Alberta Health Services CEO, Verna Yiu that between 9,700 and 11,000 AHS employees, namely laboratory, linen, cleaning and food services staff, will be laid-off in efforts to outsource the work to private companies, potentially saving the province $600 million annually. The Alberta Labour Relations Board issued a decision on the evening of October 26 for the employees on strike to return to work. [3]
Wildcats strikes are seen as illegal in Germany, as they are not endorsed by a union as a party capable of entering into a collective agreement. Participating in a wildcat strike is considered a refusal to work and can be met by repercussions such as a warning or the termination of one's contract by the employer on an individual level. A union can however retroactively endorse a wildcat strike, therefore making it legal ex tunc. [4]
Wildcat strikes were the key pressure tactic used during the May 1968 protests in France. [5]
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The motivation for wildcat strikes in the United States changed from the Depression era to the Postwar era in response to a variety of factors relating to businesses, the federal government, and unions.
During the Depression, and prior to the bureaucratization of unions, leaders of different political philosophies tended to agree on the necessity and unique capabilities of local strike actions. Regardless of the organizational structure and direction, unions had no difficulty retaining these kinds of tactics within their toolkit. [6] With the ascent of the Roosevelt administration, labor found a powerful ally in the struggle for workers' rights. With the changing role of the National Labor Relations Board, as determined by the New Deal National Labor Relations Act (shortened to NLRA, and also referred to as the Wagner Act) of 1935, a specific government entity began arbitrating grievances between workers, their unions, and employers. This represented a significant shift in governmental intervention in labor struggles. [7]
The United States' entry into World War II marked a critical shift in the role of unions in strike actions. The alliance between unions and Roosevelt's federal government meant that major unions like the Congress of Industrial Organization and the American Federation of Labor made an oath against striking for the war's duration in order to prevent disruption of wartime production, a show of labor's willingness to patriotically cooperate. However, both support and anxiety around this decision could be found within union leadership. Operating without a weapon to use when issues might go unresolved, and knowing that unions had voluntarily surrendered the weapon, posed a major threat to organizing labor during the war. [6] Another concern that union leadership had was with its Communist members and other firebrands, as potentially inviting harsh repercussions from unity-minded politicians could underscore the inadequate strength of the labor movement to follow through on endangering production. [8] Additionally, the political climate of wartime America and post-war America favored a bureaucratic union culture that adhered to an orthodoxy of institutional reform around relatively narrow objectives. Of increasing importance to union leadership was an alliance with the Democratic establishment, which demanded stricter control over union members and actions in exchange for some degree of political support in institutionalizing unions. Part of this emergent anti-radical platform was an easy embrace of the Taft–Hartley Act's anti-communist agenda, resulting in virtually all Communists losing their union positions in only a couple years. [8]
An early example of the tension between the substantially changing unions and their members can be seen in the wildcat strikes against Little Steel companies in 1941. Bethlehem Steel Corporation, Republic Steel, Youngstown Sheet & Tube, and US Steel (collectively referred to as "Little Steel") experienced a series of these strikes during the spring of 1941 in spite of strides in union-employer relations made under the oversight of NLRB and with the support of federal wartime programs. Little Steel had found that the benefits of federal profit guarantees made submitting to labor demands more viable. However, many of these springtime strikers held grievances with their own unions for an over-cooperative wartime attitude that placed greater value on New Deal institutions and programs than on disruptive actions to secure local concessions. A critical point of contention lay in the “no-strike pledge” that unions committed their membership to in response to wartime nationalism. As the war progressed, the emphasis on union-NLRB relations led to frequent and dispersed wildcat strikes in the steel industry; the new paradigm empowered union leaders over common members such that workers felt they had to take matters into their own hands, even if it meant risking expulsion from the union. [9]
After a challenge by the American Liberty League, the National Labor Relations Act's Supreme Court confirmation in 1937 became a point around which corporate interests could rally in defense of business, with the ultimate goal of limiting the degree to which the act, and other legislation, could extend power to workers. [10] The 1947 Taft–Hartley Act emerged partially as a consequence of the Little Steel Strike of 1937 and as a means to re-tool the NLRA away from labor protections and towards business protections. The earlier (and failed) Smith Bill of 1940 was used as a basis for reducing the culpability of companies in slow or non-resolving conflicts with labor, delegitimizing labor's right to strike without risking employment, and for placing greater responsibility on unions for the actions of their members. [9] Taft-Hartley also included many clauses built to disempower unions, whether by guaranteeing workers the ability to work in union workplaces without membership, exclude a large number of employment statuses from inclusion in unions, or widening who qualified as a manager (notably, foremen and supervisors, who could no longer join unions as a result of this same act). [10] The act helped to disunify unions across different industries, and even within industries, while supporting the development of a managerial class within workplaces to protect employers from union action. [8] It also set off a wave of state-level anti-unionism that popularized the notion of union-free zones, providing a potent weapon to businesses facing union demands: the threat of relocation. [10]
During the postwar boom, union achievement of benefits for only some employees succeeded in removing pressure from their membership as a whole and demotivated radical action from those who had gained the most. With solidarity and sympathy striking effectively broken, unions had failed to bring universal benefits to their members and had certainly failed to benefit workers’ rights for non-unionized workers. [8]
Wildcat strikes have been considered illegal in the United States since 1935. [11] The 1932 Norris-La Guardia Act provided that clauses in labor contracts barring employees from joining unions were not enforceable, thus granting employees the right to unionize regardless of their workplace situation. Unions have the power to bargain collectively on behalf of their members and to call for strikes demanding concessions from employers. Under the 1935 National Labor Relations Act (NLRA), federal courts have held that wildcat strikes are illegal and that employers may fire workers participating in them. [11]
Nevertheless, US workers can formally request that the National Labor Relations Board end their association with their labor union if they feel that the union is not adequately representing their interests. At this point, any strike action taken by the workers may be termed a wildcat strike, but there is no illegality involved, as there is no longer a conflict between sections 7 and 9(a) of the NLRA.
Some strikes that begin as wildcat actions, such as the Memphis sanitation strike and Baltimore municipal strike of 1974, are later supported by their respective unions' leadership.
In 2018, West Virginia teachers went on strike to demand higher wages and affordable health coverage. Without the sustained sanction of union leadership, this strike became a wildcat strike. [12] In 2018, similar wildcat strikes by teachers demanding better pay and school funding also occurred in Oklahoma, Kentucky, Colorado, and Arizona. [13]
In 2020, UC Santa Cruz graduate students went on strike to demand a cost of living adjustment (COLA) due to the high rent burden in Santa Cruz county. Later in 2020, the NBA, WNBA, MLB, MLS, and NHL all saw wildcat strikes in protest of police brutality after the shooting of Jacob Blake. [14]
In Vietnam, all workers are required to join a union connected to the Vietnam General Confederation of Labor. Due to workers' distrust of this agency, nearly all strikes in the country are wildcat strikes. [15]
There are some cases where union recognition of a strike is complicated. For example, during the year-long British miners' strike of 1984-5, the national executive supported the strike but many area councils regarded the strike as unofficial, as most ballots at area level had produced majority votes against the strike and no ballot was ever taken at the national level. [19]
The Railway Labor Act is a United States federal law that governs labor relations in the railroad and airline industries. The Act, enacted in 1926 and amended in 1934 and 1936, seeks to substitute bargaining, arbitration, and mediation for strikes to resolve labor disputes. Its provisions were originally enforced under the Board of Mediation, but they were later enforced under a National Mediation Board.
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.
The National Labor Relations Board (NLRB) is an independent agency of the federal government of the United States that enforces U.S. labor law in relation to collective bargaining and unfair labor practices. Under the National Labor Relations Act of 1935, the NLRB has the authority to supervise elections for labor union representation and to investigate and remedy unfair labor practices. Unfair labor practices may involve union-related situations or instances of protected concerted activity.
The nature and power of organized labor in the United States is the outcome of historical tensions among counter-acting forces involving workplace rights, wages, working hours, political expression, labor laws, and other working conditions. Organized unions and their umbrella labor federations such as the AFL–CIO and citywide federations have competed, evolved, merged, and split against a backdrop of changing values and priorities, and periodic federal government intervention.
In labor law, a union shop, also known as a post-entry closed shop, is a form of a union security clause. Under this, the employer agrees to either only hire labor union members or to require that any new employees who are not already union members become members within a certain amount of time. Use of the union shop varies widely from nation to nation, depending on the level of protection given trade unions in general.
Union busting is a range of activities undertaken to disrupt or weaken the power of trade unions or their attempts to grow their membership in a workplace.
A company or "yellow" union is a worker organization which is dominated or unduly influenced by an employer and is therefore not an independent trade union. Company unions are contrary to international labour law. They were outlawed in the United States by the 1935 National Labor Relations Act §8(a)(2), due to their use as agents for interference with independent unions. However, company unions persist in many countries.
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.
Protected concerted activity is a term of art in United States labor law that refers to the actions employees take to improve their working conditions that are protected from employer interference or retaliation under the National Labor Relations Act. These rights are found in "Section 7" of the National Labor Relations Act, and are often referred to as Section 7 protections.
The Wartime Labour Relations Regulations, adopted under the War Measures Act on 17 February 1944, were introduced in Canada during World War II by the government of Prime Minister William Lyon Mackenzie King. Drafted loosely on the American Wagner Act, it was the first federal legislation in Canada to legally protect the formation of unions and to force employers to negotiate with organized workers. It was a foundational framework for legislation of union rights in Canada. The provisions of the order were later replicated by Acts of all the provincial legislatures.
This is a timeline of labour issues and events in Canada.
A whipsaw strike is a strike by a trade union against only one or a few employers in an industry or a multi-employer association at a time. The strike is often of a short duration, and usually recurs during the labor dispute or contract negotiations—hence the name "whipsaw".
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.
National Labor Relations Board v. Fansteel Metallurgical Corporation, 306 U.S. 240 (1939), is a United States Supreme Court case on labor laws in which the Court held that the National Labor Relations Board had no authority to order an employer to reinstate workers fired after a sit-down strike, even if the employer's illegal actions triggered that strike.
National Labor Relations Board v. Sands Manufacturing Co., 306 U.S. 332 (1939), is United States labor law case, decided by a majority of 5 to 2 by the Supreme Court of the United States, which overturned a decision by the National Labor Relations Board because it was not supported by substantial evidence. The Court defined collective bargaining under the National Labor Relations Act to mean that proposals and responses to proposals were pending, and that future meetings were being planned. Absent such conditions, bargaining was not occurring. The Court also held that an employer did not violate the Act if it chose to deal with the employees on an individual basis.
The Congress of Industrial Organizations (CIO) was a federation of unions that organized workers in industrial unions in the United States and Canada from 1935 to 1955. Originally created in 1935 as a committee within the American Federation of Labor (AFL) by John L. Lewis, a leader of the United Mine Workers (UMW), and called the Committee for Industrial Organization. Its name was changed in 1938 when it broke away from the AFL. It focused on organizing unskilled workers, who had been ignored by most of the AFL unions.
Emporium Capwell v. Western Addition, 420 U.S. 50 (1975), was a United States Supreme Court case. The court reversed and remanded the Court of Appeals ruling. The Supreme Court ruled on the basis of the Civil Rights Act of 1964 and the National Labor Relations Act of 1935 (NLRA).
The Canadian Labour Revolt was a loosely connected series of strikes, riots, and labour conflicts that took place across Canada between 1918 and 1925, largely organized by the One Big Union (OBU).
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