Employee Rights to Strike and Picket

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.​​​​​​​​​

  • Economic Strike Defined

    Economic Strike DefinedIf the object of a strike is to obtain economic concessions, such as higher wages, shorter hours or better working conditions from the employer, the employees strike for economic reasons.  More »

  • Unfair Labor Practice Strike Defined

    Unfair Labor Practice Strike DefinedEmployees who strike to protest an unfair labor practice committed by their employer are called unfair labor practice strikers.   More »

  • Strikes Unlawful Because of Purpose

    Strikes Unlawful Because of PurposeA strike may be unlawful because an object or purpose of the strike is unlawful.   More »

  • Unlawful Strike in Violation of No-Strike Provision

    Unlawful Strike in Violation of No-Strike ProvisionA strike that violates a no-strike provision of a contract is not protected by the NLRA, and the striking employees can be discharged or otherwise disciplined unless the strike is called to protest certain unfair labor practices.   More »

  • Misconduct of Strikers

    Misconduct of StrikersStrikers who engage in serious misconduct in the course of a strike may be refused reinstatement to their former jobs.  More »

  • The Right to Picket

    The Right to PicketAs with the right to strike, picketing can be prohibited because of its object, timing or misconduct on the picket line.   More »