A cessation or work stoppage (whether accompanied by picketing or not) is labor’s ultimate weapon. But how, when and if it should be exercised, is a difficult question to be viewed from many angles from both the union and management perspective.
At Arnold and Kadjan, LLP, we work with the client to consider the goal to be achieved and the best strategy to accomplish it within the bounds of the law.
The collective bargaining contract and grievance procedure, must be reviewed, a no strike clause (if any) must be analyzed to determine if it is a bar to a primary or sympathy strike, the likelihood of a Boys Market injunction being entered or if it is protected under the Buffalo Forge doctrine.
Are the goals contrary to the National Labor Relations Act, i.e. is the object of the strike jurisdictional to compel a re-assignment of the work, is it secondary in nature to compel a third party to change the way it does business with the primary employer, are there Moore Dry Dock problems?
Is the picketing for recognition, area standards or breach of contract? Are the strikers unfair labor practice strikers entitled to reinstatement or are they economic strikers who cab be replaced?
At Arnold and Kadjan,LLP, clients are assured of a review of all facets of the situation, an analysis of the changing landscape of the changing landscape of the law, such as on inflatables and banners, and the options of other publicity that may accomplish the goals at hand.
Strikes are serious business and we approach them as such.