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lindagray

Strike Action (Wikipedia) 3

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Legal prohibitions
Canada
On 30 January 2015, the Supreme Court of Canada ruled that there is a constitutional right to strike. In this 5–2 majority decision, Justice Rosalie Abella ruled that "[a]long with their right to associate, speak through a bargaining representative of their choice, and bargain collectively with their employer through that representative, the right of employees to strike is vital to protecting the meaningful process of collective bargaining..." [paragraph 24]. This decision adopted the dissent by Chief Justice Brian Dickson in a 1987 Supreme Court ruling on a reference case brought by the province of Alberta. The exact scope of this right to strike remains unclear and will no doubt be subject to further litigation. Prior to this Supreme Court decision, the federal and/or provincial governments had the ability to introduce "back to work legislation", a special law that blocks the strike action (or a lockout) from happening or continuing on further. Canadian governments could also have imposed binding arbitration or a new contract on the disputing parties. Back to work legislation was first used in 1950 during a railway strike, and as of 2012 had been used 33 times by the federal government for those parts of the economy that are regulated federally (grain handling, rail and air travel, and the postal service), and in more cases provincially. In addition, certain parts of the economy can be proclaimed "essential services" in which case all strikes are illegal.

Examples include when the government of Canada passed back to work legislation during the 2011 Canada Post lockout and the 2012 CP Rail strike, thus effectively ending the strikes. In 2016, the government's use of back to work legislation during the 2011 Canada Post lockout was ruled unconstitutional, with the judge specifically referencing the Supreme Court of Canada's 2015 decision Saskatchewan Federation of Labour v Saskatchewan.

People's Republic of China and the former Soviet Union[edit]
Main articles: Trade unions in the Soviet Union and All-China Federation of Trade Unions

In some Marxist–Leninist states, such as the former USSR or the People's Republic of China, striking was illegal and viewed as counter-revolutionary. Since the government in such systems claims to represent the working class, it has been argued that unions and strikes were not necessary. In 1976, China signed the International Covenant on Economic, Social and Cultural Rights, which guaranteed the right to unions and striking, but Chinese officials declared that they had no interest in allowing these liberties. (In June 2008, however, the municipal government in Shenzhen in southern China introduced draft labor regulations, which labor rights advocacy groups say would, if implemented, virtually restore Chinese workers' right to strike.) Trade unions in the Soviet Union served in part as a means to educate workers about the country's economic system. Vladimir Lenin referred to trade unions as "Schools of Communism." They were essentially state propaganda and control organs to regulate the workforce, also providing them with social activities.

France
In France, the right to strike is recognized and guaranteed by the Constitution.

A "minimum service" during strikes in public transport was a promise of Nicolas Sarkozy during his campaign for the French presidential election. A law "on social dialogue and continuity of public service in regular terrestrial transports of passengers" was adopted on 12 August 2007, and it took effect on 1 January 2008.

This law, among other measures, forces certain categories of public transport workers (such as train and bus drivers) to declare to their employer 48 hours in advance if they intend to go on strike. Should they go on strike without having declared their intention to do so beforehand, they leave themselves open to sanctions.

The unions did and still oppose this law and argue these 48 hours are used not only to pressure the workers but also to keep files on the more militant workers, who will more easily be undermined in their careers by the employers. Most importantly, they argue this law prevents the more hesitant workers from making the decision to join the strike the day before, once they've been convinced to do so by their colleagues and more particularly the union militants, who maximize their efforts in building the strike (by handing out leaflets, organizing meetings, discussing the demands with their colleagues) in the last few days preceding the strike. This law makes it also more difficult for the strike to spread rapidly to other workers, as they are required to wait at least 48 hours before joining the strike.

This law also makes it easier for the employers to organize the production as it may use its human resources more effectively, knowing beforehand who is going to be at work and not, thus undermining, albeit not that much, the effects of the strike.

However, this law has not had much effect as strikes in public transports still occur in France and at times, the workers refuse to comply by the rules of this law. The public transport industry - public or privately owned - remains very militant in France and keen on taking strike action when their interests are threatened by the employers or the government.

The public transport workers in France, in particular the "Cheminots" (employees of the national French railway company) are often seen as the most radical "vanguard" of the French working class. This law has not, in the eyes of many, changed this fact.

United Kingdom
The Industrial Relations Act 1971 was repealed through the Trade Union and Labour Relations Act 1974, sections of which were repealed by the Employment Act 1982.

The Code of Practice on Industrial Action Ballots and Notices, and sections 22 and 25 of the Employment Relations Act 2004, which concern industrial action notices, commenced on 1 October 2005.

Legislation was enacted in the aftermath of the 1919 police strikes, forbidding British police from both taking industrial action, and discussing the possibility with colleagues. The Police Federation which was created at the time to deal with employment grievances, and provide representation to police officers, has increasingly put pressure on the government, and repeatedly threatened strike action.

Prison officers have gained and lost the right to strike over the years; most recently despite it being illegal, they walked out on 15 November 2016.

United States
The Railway Labor Act bans strikes by United States airline and railroad employees except in narrowly defined circumstances. The National Labor Relations Act generally permits strikes, but provides a mechanism to enjoin strikes in industries in which a strike would create a national emergency. The federal government most recently invoked these statutory provisions to obtain an injunction requiring the International Longshore and Warehouse Union return to work in 2002 after having been locked out by the employer group, the Pacific Maritime Association.

Some jurisdictions prohibit all strikes by public employees, under laws such as the "Taylor Law" in New York. Other jurisdictions impose strike bans only on certain categories of workers, particularly those regarded as critical to society: police, teachers and firefighters are among the groups commonly barred from striking in these jurisdictions. Some states, such as New Jersey, Michigan, Iowa or Florida, do not allow teachers in public schools to strike. Workers have sometimes circumvented these restrictions by falsely claiming inability to work due to illness — this is sometimes called a "sickout" or "blue flu", the latter receiving its name from the uniforms worn by police officers, who are traditionally prohibited from striking. The term "red flu" has sometimes been used to describe this action when undertaken by firefighters.

Often, specific regulations on strike actions exist for employees in prisons. The Code of Federal Regulations declares "encouraging others to refuse to work, or to participate in a work stoppage" by prisoners to be a "High Severity Level Prohibited Act" and authorizes solitary confinement for periods of up to a year for each violation. The California Code of Regulations states that "[p]articipation in a strike or work stoppage", "[r]efusal to perform work or participate in a program as ordered or assigned", and "[r]ecurring failure to meet work or program expectations within the inmate's abilities when lesser disciplinary methods failed to correct the misconduct" by prisoners is "serious misconduct" under §3315(a)(3)(L), leading to gang affiliation under CCR §3000.

Postal workers involved in 1978 wildcat strikes in Jersey City, Kearny, New Jersey, San Francisco, and Washington, D.C. were fired under the presidency of Jimmy Carter, and President Ronald Reagan fired air traffic controllers and the PATCO union after the air traffic controllers' strike of 1981.

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