Nothing in the NLRA, however, requires a union to agree to a no-strike clause. Moreover, because a no-strike clause is a mandatory subject of bargaining, the union may strike to keep it out of the contract.
Railroad workers bargaining for better pay and working conditions are at an impasse with their employers, causing the federal government to intervene to ward off a disruptive strike. But railworkers should be allowed to strike if and when they want to.
"Where human rights are the compass, we will be better placed to overcome this pandemic and build resilience for the future”. This includes the right to freedom of association, and to strike, without fear of retaliation.
One New York public employee union —the New York State Nurses Association—is advocating for the abolition of the Taylor Law's no-strike rule. Other unions recognize that labor needs offensive weapons. Yet most are ambivalent or opposed.
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