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State and federal labor boards need to stop allowing unions to literally lie about why they're going on strike. Most strikes happen when negotiations stall, and most negotiations stall because of financial subjects of bargaining. This makes most strikes that occur after stalled negotiations inherently economic strikes. However unions can also go on strike to protest unfair labor practices. The alleged reason for striking matters to the union. Even when their strike is clearly and plainly economic, they look for or make up any excuse they can for their strike to be labeled an "unfair labor practice strike." Why?
Because under federal law employers can permanently replace economic strikers. Employees who go on strike because they aren't getting the money they want out of the employer can be permanently replaced. They cannot be "fired" per se, but they are not entitled to getting their job back when they seek reinstatement. But if employees are striking to protest an unfair labor practice claim, they cannot be permanently replaced.
So unions lie about why they strike. Here's the playbook, literally: Making Sure a Strike Centers on Unfair Labor Practices - Labor Notes
Latest example, look what SEIU says about its strike: City of Oakland Workers Strike to Protest Unfair Labor Practices and Inadequate City Services
Wow, that's a lot of random different things to be going on strike about. What's really going on here?
Oakland workers prepare to strike Tuesday as labor negotiations hit standstill - SFGate
Golly, that sounds awfully economic to me. What strange timing that some random-ass bunch of other unfair labor practice allegations happen to surface the moment negotiations over monetary provisions stall?
Why do we constantly allow unions to literally and blatantly lie and skirt the law?
Because under federal law employers can permanently replace economic strikers. Employees who go on strike because they aren't getting the money they want out of the employer can be permanently replaced. They cannot be "fired" per se, but they are not entitled to getting their job back when they seek reinstatement. But if employees are striking to protest an unfair labor practice claim, they cannot be permanently replaced.
So unions lie about why they strike. Here's the playbook, literally: Making Sure a Strike Centers on Unfair Labor Practices - Labor Notes
Latest example, look what SEIU says about its strike: City of Oakland Workers Strike to Protest Unfair Labor Practices and Inadequate City Services
On Thursday, November 2, City of Oakland members went on strike to protest the City’s unfair labor practices and failures of leadership on homelessness, illegal dumping, and abuse of temporary, part-time workers without basic workplace rights and protections.
Wow, that's a lot of random different things to be going on strike about. What's really going on here?
Oakland workers prepare to strike Tuesday as labor negotiations hit standstill - SFGate
Labor unions representing more than 3,000 city workers in Oakland said they will go on strike starting Tuesday after negotiations came to a halt Monday afternoon.
(snip)
The union agreed with the city’s first-year contract proposal, which would increase wages by 4 percent, retroactive to July 1. The parties dispute what should happen next: the city has offered future salary increases tied to its revenue growth, but the union wants a more secure deal.
Golly, that sounds awfully economic to me. What strange timing that some random-ass bunch of other unfair labor practice allegations happen to surface the moment negotiations over monetary provisions stall?
Why do we constantly allow unions to literally and blatantly lie and skirt the law?