Legal Question in Employment Law in California
Ending union strikes
What options are available for union workers to end a labor strike? For example, can the workers vote to end the strike, and if so, how is such a vote conducted and what voting percentage is needed to end the strike? May the workers quit the union and return to work as non-union employees, without the risk of penalties? Can the workers at a certain facility dissolve the union contract so that employment at that company/facility is strictly non-union? Any other options? Where can I find more information on this topic? Thank you.
1 Answer from Attorneys
Re: Ending union strikes
The decision to strike is usually made after a vote of the membership of the union or the particular unit of employees involved. Generally a vote to end the struke must be conducted pursuant to the internal rules of the union. Those rules will address how the vote will be conducted and will usually be located in the constitution and bylaws of the union. If the Union won't provide a copy you can get the constitution and bylaws from the U. S. Department of Labor. If you quit and return to work as a non-union employee the union can conduct a disciplinary hearing and impose fines or other penalties. Employees can seek a decertification of the union under limited circumstances. If the union is decertified, employment will be non-union. The National Labor Relations Board, an agency of the U. S. Government has authority over Union issues. Try www.nlrb.gov for some additional information.