Molly Ayala
Electric utility workers are allowed to strike, and they have done so in the past. For example, in November 2023, IBEW Local Union 210 workers went on strike against Atlantic City Electric over a contract dispute. Workers in the electrical industry have also participated in general strikes, such as the Seattle General Strike in 1919, which involved unions representing various trades, including electrical workers. While employees have the right to strike under the National Labor Relations Act (NLRA), there are limitations and legal considerations. The lawfulness of a strike depends on its purpose, timing, and the conduct of the strikers, with potential consequences for both employees and employers.
| Characteristics | Values |
|---|---|
| Electric utility workers' right to strike | Protected under Section 7 of the National Labor Relations Act (NLRA) |
| Lawfulness of a strike | Depends on the object/purpose of the strike, its timing, and the conduct of the strikers |
| Lawful objects of a strike | "Unfair labor practice strikers" and "economic strikers" |
| Unlawful strikes | Sitdown" strikes, intermittent strikes, and strikes without "reasonable precautions" to protect employer's property |
| Union representation | IBEW Local Union 210, Local 46 Electrical Workers, Local 77 |
| Reasons for striking | Fighting for a new contract, demanding higher wages, protesting corporate greed and unfair treatment |
| Impact on services | Utility companies often promise no disruptions in service during a strike |
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What You'll Learn
Electric utility workers' right to strike
Electric utility workers do have the right to strike in the United States. This right is guaranteed by Section 7 of the National Labor Relations Act (NLRA), which states that "employees shall have the right [...] to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection". The U.S. Supreme Court has upheld this right, ruling that employees can go on strike whether or not they are part of a union.
However, there are limitations and qualifications on this right. For example, the lawfulness of a strike may depend on its purpose, timing, or the conduct of the strikers. The National Labor Relations Board (NLRB) has ruled that certain types of strikes, such as "sitdown" strikes or intermittent strikes, are not protected by law. Additionally, strikers who engage in serious misconduct or fail to take reasonable precautions to protect their employer's property may be refused reinstatement to their former jobs.
Despite these limitations, there are historical and contemporary examples of electric utility workers exercising their right to strike. For instance, during the Seattle General Strike in 1919, electrical workers' unions participated in a city-wide work stoppage, demanding higher wages for unskilled workers. More recently, in November 2023, members of the IBEW Local Union 210 went on strike against Atlantic City Electric, fighting for a new contract.
It is important to note that, while utility workers have the right to strike, they must also consider the potential impact on the public. In some cases, utility services may be deemed essential, and strikes could potentially endanger the health and safety of the community. As such, it is a delicate balance between upholding the rights of workers and ensuring the public's access to vital services.
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Limitations to the right to strike
While the right to strike is a fundamental right under the NLRA, there are several limitations and qualifications on the exercise of that right.
Firstly, the lawfulness of a strike may depend on its object or purpose, timing, or the conduct of the strikers. Strikes in support of an unfair labour practice by a union or those that would cause an employer to commit an unfair labour practice may be considered unlawful. For example, Section 8(a)(3) of the NLRA considers it an unfair labour practice for an employer to discharge an employee for failing to make certain lawful payments to the union when there is no union-security agreement. Additionally, "sit-down" strikes, where employees remain in the workplace and refuse to work, are not protected by law, according to the US Supreme Court. The NLRA also does not protect strikers who fail to take reasonable precautions to protect their employer's property from foreseeable dangers due to the sudden cessation of work. Furthermore, strikers who engage in serious misconduct may be refused reinstatement to their former jobs, regardless of their classification as economic or unfair labour practice strikers.
Secondly, there are specific provisions for striking or picketing a healthcare institution. Section 8(g) of the NLRA prohibits labour organizations from striking or picketing at any healthcare institution without providing at least 10 days' notice in writing to the institution and the Federal Mediation and Conciliation Service.
Thirdly, the right to picket is also subject to limitations and qualifications. Picketing can be prohibited due to its object, timing, or misconduct on the picket line. For instance, Section 8(b)(7) declares it an unfair labour practice for a union to picket for certain objects, regardless of whether it accompanies a strike.
Finally, the consequences of striking can be severe for both employees and employers, as it raises questions about the lawful termination or replacement of workers and the right of workers to return to their jobs, potentially involving reinstatement and monetary relief.
As an example of electric utility workers going on strike, IBEW Local Union 210 workers went on a strike against Atlantic City Electric in November 2023 over contract negotiations.
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Lawful and unlawful strikes
The right to strike is protected by the National Labor Relations Act (NLRA). However, not all strikes are legal. The lawfulness of a strike depends on the object or purpose of the strike, its timing, and the conduct of the strikers.
Lawful Strikes
Employees who strike for a lawful object fall into two classes: "unfair labour practice strikers" and "economic strikers". Both classes continue as employees, but unfair labour practice strikers have greater rights of reinstatement to their jobs. Economic strikers are those who want to obtain some economic concession from the employer, such as higher wages, shorter hours, or better working conditions.
Unlawful Strikes
A strike may be unlawful because the object or purpose of the strike is unlawful. For example, a strike in support of an unfair labour practice committed by a union or one that would cause an employer to commit an unfair labour practice. Strikes can also be unlawful because of the misconduct of strikers, such as "sitdown" strikes, where employees stay in the plant and refuse to work, or intermittent strikes, where strikers return to work and then strike again. Strikes can also be unlawful if strikers fail to take reasonable precautions to protect their employer's property from foreseeable, aggravated, and imminent danger due to the sudden cessation of work.
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Unions and strikes
Unions are formed to represent the interests of workers. In the case of electric utility workers, unions such as the IBEW Local Union 210 represent hundreds of workers of a Jersey Shore utility company. In November 2023, these workers went on strike for several days as they fought for a new contract.
The right to strike is a fundamental right upheld by the National Labor Relations Act (NLRA). Section 7 of the NLRA states that "employees shall have the right... to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection". The U.S. Supreme Court has upheld the right of employees to go on strike, whether they are part of a union or not. For instance, in 1962, the Supreme Court ruled in NLRB v. Washington Aluminum that workers in a non-unionized workplace who walked out because it was too cold were protected under the NLRA and could not be fired.
However, there are limitations and qualifications to the right to strike. The lawfulness of a strike may depend on its object or purpose, timing, or the conduct of the strikers. The National Labor Relations Board decides on these issues, and the consequences can be severe for both striking employees and employers. For example, the U.S. Supreme Court has ruled that a "sitdown" strike, where employees remain in the plant but refuse to work, is not protected by law. Similarly, the NLRA does not protect strikers who engage in serious misconduct or fail to take "reasonable precautions" to protect their employer's property.
Historical examples of electrical workers' unions going on strike include the Seattle General Strike of 1919, where unions representing shipyard workers, including the Metal Trades Council and Local 46, struck to demand higher wages for unskilled workers. Another example is the participation of Local 77 in the same strike, threatening a city-wide blackout to accelerate employers meeting strikers' demands.
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Consequences of striking
In the United States, the National Labor Relations Act (NLRA) upholds the right of employees to go on strike, whether they are unionized or not. However, there can be consequences for workers who choose to strike.
Strikes are considered lawful or unlawful based on their purpose, timing, and the conduct of the strikers. Unlawful conduct includes a "sitdown" strike, where employees remain in the plant and refuse to work, and intermittent strikes, where workers strike, return to work, and then strike again. Engaging in unlawful strikes may result in the loss of protection for strikers, and they may be refused reinstatement to their former jobs.
Striking workers may also face termination or replacement by their employers. In such cases, the law determines whether workers have a right to reinstatement and monetary relief. Unfair labor practice strikers have greater rights of reinstatement compared to economic strikers.
Additionally, strikers who fail to take reasonable precautions to protect their employer's property from foreseeable danger due to the sudden cessation of work may also lose the protection of the NLRA. This includes serious misconduct during the course of the strike, which can result in the refusal of reinstatement for strikers.
It is important to note that the right to strike is a fundamental right, but it is subject to limitations and qualifications. The specific consequences of striking for electric utility workers will depend on the particular circumstances of the strike and the local and federal laws that apply.
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Frequently asked questions
Electric utility workers are allowed to strike, as per the National Labor Relations Act (NLRA). However, there are limitations and qualifications to this right. For example, the lawfulness of a strike may depend on its purpose, timing, and the conduct of the strikers.
The U.S. Supreme Court has ruled that certain types of strikes, such as "sitdown" strikes, are not protected by law. Additionally, strikers must take reasonable precautions to protect their employer's property and conduct themselves appropriately during the strike.
The consequences of striking can be severe, and employers may lawfully terminate or replace workers. However, unfair labor practice strikers have greater rights to reinstatement to their jobs than economic strikers.
Utility companies typically have contingency plans and highly qualified staff in place to ensure that customers' power is not impacted by strikes.
