# If my union goes on strike... **URL:** \ **Category:** Factual Questions\ **Created:** [October 22, 2006, 9:00pm UTC](https://boards.straightdope.com/t/if-my-union-goes-on-strike/377480 "2006-10-22T21:00:09Z")\ **Posts on this page:** 9\ **Page:** 1
**Author:** ![Surbey](https://avatars.discourse-cdn.com/v4/letter/s/4491bb/32.png) [@Surbey](https://boards.straightdope.com/u/Surbey)\ **Post date:** [October 22, 2006, 9:00pm UTC](https://boards.straightdope.com/t/if-my-union-goes-on-strike/377480/1 "2006-10-22T21:00:09Z")
Could my employeer fire/ replace me for going on strike? If I become a “scab” and decide to keep working, would my employeer have to fire me when the strike stops because the union wouldn’t support me anymore? ---
**Author:** ![casdave](https://avatars.discourse-cdn.com/v4/letter/c/c6cbf5/32.png) [@casdave](https://boards.straightdope.com/u/casdave)\ **Post date:** [October 22, 2006, 9:16pm UTC](https://boards.straightdope.com/t/if-my-union-goes-on-strike/377480/2 "2006-10-22T21:16:00Z")
First off, depends upon which country you are talking about. Next, if you are in the US, if you go out, your employer could replace you, however this would mean replacing all the other striking workers too - this is called a lockout. This is one of the principles behind unionism, lots of individuals working together are better at fighting their cause than one alone - usually. The idea is that replacing the entire workforce is not the easiest thing to do, most times this happens everyone loses, incuding the new workers. It is not a pretty sight, I’ve seen it and my view is that if you do get a lockout, you are probably better off looking for work elsewhere, even if you get back in the company, the working atmosphere is horribly poisoned. Assume your strike is succesful, if its about a pay rise, then consider that most of the time the argument is over maybe a couple of percent in pay terms. How long will it take you get make up for lost income at maybe one or two percent a week, especially if you are out for two weeks ? If its about conditions, such as working time, or medical insurance, then you have to make a value judgment, just what is it worth to you ? This can be very personal, to some folk it is absolutely vital, to others it means very little, until they fall ill with something chronic. If its about pensions, then it could be very significant, even a seemingly small decrease in employers payments to the pension fund can make a very large differance, many thousands, which you won’t notice until you retire possibly many years hence, but boy, you will miss it then. If you scab, you have to think about how you will work with those who you scabbed against when they return to work, if you are lucky they will simply never speak to you again, it can get very much worse. In a closed shop, where everyone has to be in the union, then if you scab, you might be voted out of the union, it might have employment implications, but again it really depends upon where you are. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [October 22, 2006, 10:05pm UTC](https://boards.straightdope.com/t/if-my-union-goes-on-strike/377480/3 "2006-10-22T22:05:30Z")
> [@](#): > > \*\*Economic strikers \*\* defined. If the object of a strike is to obtain from the employer some economic concession such as higher wages, shorter hours, or better working conditions, the striking employees are called economic strikers. \*\*They retain their status as employees and cannot be discharged, but they can be replaced by their employer. If the employer has hired bona fide permanent replacements who are filling the jobs of the economic strikers when the strikers apply unconditionally to go back to work, the strikers are not entitled to reinstatement at that time. However, if the strikers do not obtain regular and substantially equivalent employment, they are entitled to be recalled \*\* to jobs for which they are qualified when openings in such jobs occur if they, or their bargaining representative, have made an unconditional request for their reinstatement. > > \*\*Unfair labor practice \*\* strikers defined. Employees who strike to protest an unfair labor practice committed by their employer are called unfair labor practice strikers. **Such strikers can be neither discharged nor permanently replaced.** When the strike ends, unfair labor practice strikers, absent serious misconduct on their part, are entitled to have their jobs back even if employees hired to do their work have to be discharged. (Emphasis added.) [http://nlrb.custhelp.com/cgi-bin/nlrb.cfg/php/enduser/std\_adp.php?p\_faqid=86&p\_created=1102606791&p\_sid=YnhsFMki&p\_lva=&p\_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9NiZwX3Byb2RzPSZwX2NhdHM9MCZwX3B2PSZwX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJlcGxhY2VtZW50&p\_li=&p\_topview=1](http://nlrb.custhelp.com/cgi-bin/nlrb.cfg/php/enduser/std_adp.php?p_faqid=86&p_created=1102606791&p_sid=YnhsFMki&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9NiZwX3Byb2RzPSZwX2NhdHM9MCZwX3B2PSZwX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXJlcGxhY2VtZW50&p_li=&p_topview=1) > [@](#): > > An employee’s refusal to engage in a strike or honor a > picket line is protected by Section 7. Machinists Booster > Lodge 405 v. NLRB, 412 U.S. 84 (1973). However, a > labor organization may lawfully discipline its members > for their failure to engage in a lawful strike or honor a > lawful picket line. NLRB v. Allis-Chalmers Mfg. Co., 388 > U.S. 175 (1967). An employee may escape such discipline > by resigning full membership in a labor organization that > restricts such activities, i.e., refusing to strike or crossing > a legitimately established picket line, before engaging in > those activities. NLRB v. Textile Workers Local 1029, > Granite State Joint Board, 409 U.S. 213 (1972). An em- > ployee’s resignation from membership in a labor organi- > zation may be communicated either orally or in writing > and need only convey a clear intention to resign. Service > Workers Local 80 (Capitol-Husting Co.), 235 NLRB 1264 > (1978). Resignation from membership becomes effective > on receipt by the labor organization. Teamsters Local 439 > (Tracy American Ready Mix), 281 NLRB 1232 (1986). If > a member resigns and subsequently engages in conduct > violating union rules and regulations, the union may law- > fully expel or suspend the former member provided such > action does not have monetary implications. Food & > Commercial Workers Local 81 (MacDonald Meao, 284 > NLRB 1084 fn. 12 (1987). [http://www.nlrb.gov/nlrb/shared\_files/decisions/291/291-361.txt](http://www.nlrb.gov/nlrb/shared_files/decisions/291/291-361.txt) ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [October 22, 2006, 10:19pm UTC](https://boards.straightdope.com/t/if-my-union-goes-on-strike/377480/4 "2006-10-22T22:19:31Z")
If you’re in a union and do not wish to strike, you should resign your membership or acquiesc. This is assuming the union has followed all proper procedures. If the union hasn’t followed proper procedures, then you need to pursue this with your union leadership. You need to speak to a Personnel person. Not one at your company! ---
**Author:** ![Quartz](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/quartz/32/267_2.png) [@Quartz](https://boards.straightdope.com/u/Quartz)\ **Post date:** [October 23, 2006, 1:46pm UTC](https://boards.straightdope.com/t/if-my-union-goes-on-strike/377480/5 "2006-10-23T13:46:19Z")
Something occurred to me overnight: are you a foreign worker in the US? If so, then I’m guessing that you’re worried that your employer might cause your visa to be revoked if you strike, or even after you come back from strike. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [October 23, 2006, 2:15pm UTC](https://boards.straightdope.com/t/if-my-union-goes-on-strike/377480/6 "2006-10-23T14:15:35Z")
Check out [the National Right to Work Legal Defense Foundation](http://www.nrtw.org/) for all kinds of information about your rights and obligations, assuming you’re in the United States. Basically (as **GFactor** ) quoted, you’ve got to resign from your union if you don’t want to be punished by your union for crossing the line. If you ever want to get back into the union, they have the right not to accept you. In the United States there’s no such thing as a closed shop. You’re not required to be a member of a union to keep your job. The union can’t punish you for not being a member. The union can’t force you to be fired if you’re not a member. In many states, though (non-right-to-work states), you **can** be forced to pay “agency fees” in lieu of union dues, and you can be fired for not paying them if it’s so stated in the collective bargaining agreement. If you are in a union shop, even as a non-member, you still are subject to all of the union overhead – both the “good” stuff as well as a the “bad” stuff. As a non-member, though, you don’t have a right to vote in union elections or run for union positions. None of the above should be regarded as legal opinion; it’s only such as I’ve learned in my own battles against being forcibly unionized. ---
**Author:** ![LH75](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lh75/32/4438_2.png) [@LH75](https://boards.straightdope.com/u/LH75)\ **Post date:** [October 23, 2006, 7:27pm UTC](https://boards.straightdope.com/t/if-my-union-goes-on-strike/377480/7 "2006-10-23T19:27:46Z")
I once belonged to a union at a packing plant that went on strike. I did the math, and after three days started looking for another job. I found one, but when I went back to retrieve the stuff from my locker I was assaulted by a couple of my former co-workers who would not believe that i was not crossing the picket line to be a scab. The strike lasted about a month, and the plant closed for good three months later. ---
**Author:** ![Surbey](https://avatars.discourse-cdn.com/v4/letter/s/4491bb/32.png) [@Surbey](https://boards.straightdope.com/u/Surbey)\ **Post date:** [October 24, 2006, 4:17am UTC](https://boards.straightdope.com/t/if-my-union-goes-on-strike/377480/8 "2006-10-24T04:17:50Z")
[QUOTE=Balthisar] In the United States there’s no such thing as a closed shop. [/QUOTE] I am in a closed shop in the United States. If you do not join the union, you get no hours with The Kroger Company. You don’t have a choice. You have to join. ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [October 24, 2006, 12:23pm UTC](https://boards.straightdope.com/t/if-my-union-goes-on-strike/377480/9 "2006-10-24T12:23:14Z")
[QUOTE=Surbey] I am in a closed shop in the United States. If you do not join the union, you get no hours with The Kroger Company. You don’t have a choice. You have to join. [/QUOTE] If that’s true, then you have a valid ULP – unfair labor practice – against this illegal behavior by the union and The Kroger Company. Given that (as said above) you _can be forced_ to pay dues to the union (actually, a reduced rate called an “agency fee”). **You can’t legally be forced to be a card-carrying member of the union.**