If your employer is not paying you for your work, and this happens day after day, week after week and now you are missing several paychecks, would it be considered a strike if the workers decided to not report back to work until the pay for their labor is restored?
I ask this because there was a discussion that perhaps it will take a complete system wide shutdown of the folks who work at our airports in security to get the Congress and the President to resolve this shutdown. But so far, on its worse day, only about 10% of airport security workers have called in sick.
What would be the legal problems with their union simply telling them that their employer has broken their contract and they can have the option of not reporting to work until the matter is resolved and the employer honors the contract?
Would this be a huge impetus to solve the shutdown?
Why would anyone characterize this as a strike? When you strike, you control the decision. You choose to forego work knowing full well that your employer can forego paying you. None of these workers had a choice here. They were forced out of work and there is nothing they can do to resolve it.
It's lazy for anyone to call this a strike. And flat out wrong.
Who is covered?
Most employees in the private sector are covered by the NLRA. However, the Act specifically excludes individuals who are:
employed by Federal, state, or local government
employed as agricultural laborers
employed in the domestic service of any person or family in a home
employed by a parent or spouse
employed as an independent contractor
employed as a supervisor (supervisors who have been discriminated against for refusing to violate the NLRA may be covered)
employed by an employer subject to the Railway Labor Act, such as railroads and airlines
employed by any other person who is not an employer as defined in the NLRA
https://www.nlrb.gov/rights-we-protect/rights/employee-rights
Why would anyone characterize this as a strike? When you strike, you control the decision. You choose to forego work knowing full well that your employer can forego paying you. None of these workers had a choice here. They were forced out of work and there is nothing they can do to resolve it.
It's lazy for anyone to call this a strike. And flat out wrong.
Would be interesting to see this play out. Trump could take a page prior president and and fire those who refuse to work. Lets remember words matter. These peoples paycheck are being deferred so it isn't they won't be paid for their labor. Not a good situation and they certainly have the right to quit for a better job. If they don't come to work their employer should have the right to fire them.
Hope it does not come to any of this. These people are like someone caught between to elephants. Truth is most pols and their partisan supporters,e.g. posters on this site, refuse to give the other side a "win" no matter the cost to the nation.
Trump used the word strike recently when he was musing about the shutdown that he himself caused.
Beyond what we have now, what I am asking is would it be a strike if the workers decided that since the employer is no longer honoring their end of the labor contract, they should also not honor it and stay home in massive numbers shutting down the entire air travel system?
Could they be accused of violating the law which normally prevents such worker actions?
Would be interesting to see this play out. Trump could take a page prior president and and fire those who refuse to work. Lets remember words matter. These peoples paycheck are being deferred so it isn't they won't be paid for their labor. Not a good situation and they certainly have the right to quit for a better job. If they don't come to work their employer should have the right to fire them.
Hope it does not come to any of this. These people are like someone caught between to elephants. Truth is most pols and their partisan supporters,e.g. posters on this site, refuse to give the other side a "win" no matter the cost to the nation.
In this country, nobody should be forced to work without pay. Slavery is not legal anymore, and we are not one of those countries where people are forced into labor.
Firing someone for striking is one thing. This isn't a strike. These people want to work and the government won't pay them.
The employer is not honoring the labor agreement. The employer is the one who has breached the contract.
If your employer is not paying you for your work, and this happens day after day, week after week and now you are missing several paychecks, would it be considered a strike if the workers decided to not report back to work until the pay for their labor is restored?
I ask this because there was a discussion that perhaps it will take a complete system wide shutdown of the folks who work at our airports in security to get the Congress and the President to resolve this shutdown. But so far, on its worse day, only about 10% of airport security workers have called in sick.
What would be the legal problems with their union simply telling them that their employer has broken their contract and they can have the option of not reporting to work until the matter is resolved and the employer honors the contract?
Would this be a huge impetus to solve the shutdown?
Trump is a moron if he called this a strike.
I guess I actually could have stopped that last sentence after the fourth word and it still would've been correct.
Untrue deferred payment is different than non-payment. Don't know anyone who gets a paycheck at the end of each our they work to take this to a ridiculous extreme. Not much different than you calling it slavery.
Yes, but in this case, there is no end in sight.
Forcing people to work without a definite timeline on when the pay will come, if someone calls that slavery, I'm okay with it.
lol...everyone should walk off the job if they are being impacted by this shut down. You'd see the government back up an running in a couple days, max. If this was happening in a European country, the entire country would be on strike. You, the people, sure let your representatives get away with a lot. :lol:
If your employer is not paying you for your work, and this happens day after day, week after week and now you are missing several paychecks, would it be considered a strike if the workers decided to not report back to work until the pay for their labor is restored?
I ask this because there was a discussion that perhaps it will take a complete system wide shutdown of the folks who work at our airports in security to get the Congress and the President to resolve this shutdown. But so far, on its worse day, only about 10% of airport security workers have called in sick.
What would be the legal problems with their union simply telling them that their employer has broken their contract and they can have the option of not reporting to work until the matter is resolved and the employer honors the contract?
Would this be a huge impetus to solve the shutdown?
Well, one of the many great things about America is that the Federal government touches very little on the daily lives of most Americans. With the exception of filing one's taxes every year, or receiving Social Security/Medicare benefits (which are unaffected by this shutdown), it is the state and local governments that most people have to deal with when they deal with the government for anything at all. Thankfully we do not live in a unitary state like that of France or Germany or the United Kingdom, where the equivalent of this form of shutdown would lead to a death spiral of civil society at every level.
Since the enactment of the Taft-Hartley Act in 1947, federal employees have been legally prohibited from striking.
Strike: a refusal to work organized by a body of employees as a form of protest, typically in an attempt to gain a concession or concessions from their employer.
Even Common Sense 1 agrees that Trump was wrong to characterize it as a strike. That's got to be a first?
Of course he has.I don't think president Trump has characterized it has he?
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