What is an Unofficial Strike?
An unofficial strike is a work stoppage initiated by union members without the endorsement of the union and outside the legal boundaries for striking. Workers involved in such strikes have limited legal protections if they are dismissed and are not entitled to strike pay. Often referred to as a wildcat strike, an unofficial strike exemplifies employees taking matters into their own hands.
Key Takeaways
- Unofficial strikes are not sanctioned by recognized unions or compliant with relevant labor laws.
- Known also as wildcat strikes, they are often initiated spontaneously and without formal approval.
- Such actions carry high risks for employees (lack of legal protections) as well as employers (business disruption).
- Many historical unofficial strikes have either evolved from official strikes or transitioned to become official, with mixed success rates.
Exploring Unofficial Strikes
In the United States, unofficial strikes are deemed illegal under the 1935 National Labor Relations Act (NLRA). Judicial precedents have upheld that employers have the right to terminate workers participating in unauthorized strikes.
However, U.S. employees have the option to petition the National Labor Relations Board (NLRB) to sever ties with their labor union if the union does not represent their interests adequately. Post this dissolution, any subsequent strike, albeit unofficial, might not breach legal boundaries as the conflict between sections 7 and 9(a) of the NLRA is no longer applicable.
Triggers of Unofficial Strikes
Unofficial strikes may arise when workers bypass their union, acting on their own initiative. Such actions are typically prompted by incidents or conditions inciting immediate dissatisfaction, outpacing the routine procedural response by union channels.
In some cases, employees strike in opposition to union leadership perceived as ineffective or compromised. Additionally, conflicts may emerge if the union doesn’t back employees’ demands for fair wages or practices.
From a business perspective, unofficial strikes pose significant challenges due to their abrupt, unanticipated nature, unlike regulated labor-management exchanges stipulated by legislation like the NLRA. Sudden stoppages can disrupt operations instantaneously, critically affecting all facets of business, especially in today’s era of just-in-time (JIT) supply chains.
Given their extracurricular legal status and emotional intensity, unofficial strikes can also heighten risks involving violence and property damage directed at enterprises, managerial staff, and non-striking workers.
Illustrative Real-World Instances
West Virginia Teachers’ Strike (2018)
West Virginia teachers, in 2018, demonstrated a notable unofficial strike by refusing to resume classes until their demands for enhanced wages and healthcare benefits were fulfilled. Initially an official strike, it lost union leadership’s support and transitioned into an unofficial one, ultimately prevailing and inspiring similar actions in Kentucky, Oklahoma, and Arizona.
Baltimore Municipal Strike (1974) & Memphis Sanitation Strike (1968)
Numerous wildcat strikes, such as Baltimore’s municipal strike in 1974 advocating for better conditions and wages, and the 1968 Memphis sanitation workers’ protest, started as unofficial yet later received union endorsement. The latter, deeply entwined with the Civil Rights movement, drew attention from significant figures like Martin Luther King, Jr.
France, May 1968
Internationally, France experienced one of the most extensive unofficial strikes in May 1968, encompassing the whole country. This upheaval prompted President Charles de Gaulle to temporarily flee and crippled both the government and economy—a historic first for a nationwide unofficial strike.
Understanding the dynamics of unofficial strikes is crucial for grasping the broader landscape of labor actions, employer-employee relations, and the socio-political impacts precipitated by such spontaneous yet powerful displays of collective worker dissent.
Related Terms: National Labor Relations Act, National Labor Relations Board, union leadership, just-in-time supply chains, labor disputes.
References
- National Labor Relations Board. “National Labor Relations Act”.
- Manhattan Institute. “Teacher Strikes and Legacy Costs”, Page 5.
- The Martin Luther King, Jr. Research and Education Institute at Stanford University. “Memphis Sanitation Workers’ Strike”.
- The New York Times. “Baltimore Ends Its 15-Day Strike”.
- International Socialist Review. “May 1968: Workers and Students Together”.
