The lawfulness of a strike may depend on the object or purpose of the strike, its timing or the conduct of the strikers. The object, or objects, of a strike and whether the objects are lawful are matters not always easy to determine. The status is critical to both striking employees and employers facing a strike because it determines rights to reinstatement and back pay.
Strikes for a lawful object fall into two classes:
- Economic
- Unfair labor practices
Both classes of strikers retain employee status, but unfair labor practice strikers have greater rights of reinstatement to their jobs.