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I need a discussion response to my peers discussion post. See below Not all form

ID: 333284 • Letter: I

Question

I need a discussion response to my peers discussion post. See below

Not all forms of strikes are protected by the NLRA. Answer the following questions:

1)        What types are protected?

Economic strikes which refer to strikes over wages, benefits and work rules are protected by section 7 of the NLRA. Workers won’t be disciplined or discharged according to our textbook, however they can be replaced with temporary and permanent strike replacements (Budd, p. 277, 2018). Unfair labor practice strikes which have to do with protesting unfair labor practices by an employer and Recognition strikes which are strikes with the purpose of forcing an employer to acknowledge and negotiate with a union are also protected by the NLRA, nevertheless it must be proven that there were unfair labor practice acts committed. During recognition strikes workers are limited to picket for 30 days only and they can be permanently replaced. During sympathy strikes workers are protected, however there are clauses and limitations referring to a no-strike clause in the contract, in which case workers are not protected. The same applies to Wildcat strikes which have to do with grievances.

2)        Unprotected?

Jurisdictional strikes, Noneconomic strikes and general or political strikes are not protected. These strikes refer to “assignment of work to bargaining unit employees” and “permissive bargaining items during contract negotiations” (Budd, p. 277, 2018). Basically, the NLRA prohibits jurisdictional strikes and it only protects workers’ efforts to improve their wages, hours and employment conditions therefore these particular strikes are unprotected. Also, strikes by federal workers are prohibited. Most importantly per the NLRB “Reckless or malicious behavior, such as sabotaging equipment, threatening violence, spreading lies about a product, or revealing trade secrets, may cause concerted activity to lose its protection” (NLRB 2018).

3)        Does this make sense, or should all types of strikes be treated equally?

I believe this makes sense as there would be chaos if everyone would be allowed to strike for any reason and all strikes were treated equally. There have to be limitations and proof that section 7 of the NLRA has been violated in order for employees to be allowed to strike as we have to think about the economy and the implications of these strikes. I do feel that during some of these protected strikes workers should not be allowed to be replaced, such as in recognition strikes.

Reference

Budd, J. W. (2017). Labor relations: Striking a balance (5th ed.). Dubuque, IA: McGraw-Hill Education.

National Labor Relations Board (2018) Concerted Activity. Retrieved on April 18, 2018 from https://www.nlrb.gov/rights-we-protect/protected-concerted-activity

Explanation / Answer

I believe that Strike is something that affects the efficiency and productivity of a production unit and therefore I believe that Strike should not at all be encouraged but there are situations in which workers or employees resort to strike because they feel that they are deprived of certain facilities and in such cases we need to respect their situation and may have to support strikes although I personally believe that there are other ways through which such situations can be handled and there is no way strikes should be used as an amenity. In most of the situations workers and employees resort to strike because they feel that it is the only way but which the organization might understand and give importance to their demands.

The reason behind the strike is important and if the reason is valid and justified by the NLRA, then such strikes are protected by law but if the reason is not supported or justified by NLRA then such strikes are not protected. I believe that the workers should have an ultimate weapon to fight for their rights and it has been determined that conducting Strikes is the best option but again the workers also need to understand that it is better to talk it out and make things work out because I personally believe that Strikes are something that is not at all expected and it would be better if employees follow that. The organization also needs to play an important role in this context because it is their responsibility as well to protect the interest of the employees and that should not be avoided at any cost.

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