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Public Employees No Right to Strike

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					Public Employees: No Right to Strike
• President Franklin D --The employer is the whole people • The punishment prescribed for violation of these statutes varies from none in several states to a fine of 5,000 dollars and imprisonment for one year in one state • courts have denied the right to strike because of public policy • sovereignty is inherent in the people • To say that they can strike is the equivalent of saying that they can deny the authority of

Public Employees: No Right to Strike
• A second theory set forth by the courts to justify strike injunctions is that a strike is unnecessary because the government employer is not seeking a profit. • a government employee union can exert a grossly disproportionate pressure because of the type of services rendered • argument that public strikes endanger public health and safety; witness the New York Sanitation Department strike of 1967, in which 10,000 tons of garbage per day piled up on the city streets.

Congress has expressly forbidden federal employee strikes
• Congress has expressly forbidden federal employee strikes and has provided for quite stringent punishments for such actions. It is provided in 5 U.S.C. ?7311 (1967) that "An individual may not accept or hold a position in the government of the District of Columbia or the government of the United States if he . . . (3) participates in a strike, or asserts the right to strike, against the Government of the United States or the Government of the District of Columbia. . . .“ • Further, title 5 U.S.C. ?3333 (1967) requires that an individual who accepts government

Supreme Court
• Federal government control over the actions of its employees was protected by the Supreme Court in United States v. United Mine Workers of America. • In United States v. United Mine Workers of America, the United States Supreme Court held that the Norris-LaGuardia Act did not encompass federal employees.

Section 2 of the NLRA
• public employees are specifically excluded from the National Labor Relations Act.

Section 2 of the NLRA
• bill's drafter had excluded government employers from NLRB jurisdiction to avoid a "debatable question • House Report fails to identify the "debatable question," it probably concerned the conflict between the NLRA's guarantee of the right to strike and the notion that public employees should not enjoy such a right.

Section 2 of the NLRA
• Section 2 of the NLRA provides: "'employer' . . . shall not include the United States . . . or any State or political subdivision thereof. . . ." the United States or any wholly owned government corporation, or any Federal Reserve Bank, or any State or political subdivision thereof "

contractor-employer an "employer" within section 2(2)?
• Right of Control Test --If the contractor-employer does not retain sufficient control over hiring, firing, wages, and working conditions, the Board deems it a nominal employer and considers the exempt government entity the true "employer" for labor relations purposes. • Political Subdivision Test , an entity qualifies as an exempt political subdivision if it is either "directly created by the state so as to constitute a governmental arm," or "administered by individuals who are responsible to public officials or the general electorate.

contractor-employer an "employer" within section 2(2)?
• Joint Employer Tests –whether the entities' operations were so integrated and whether the entities shared such joint control over labor relations • Intimate Connection Tests --if the services they provided were "intimately connected" with the operations of the exempt entity

• statute legislatively grants public employees the right to strike. Eleven states (Alaska, Hawaii, Idaho, Illinois, Minnesota, Montana, Ohio, Oregon, Pennsylvania, Vermont, and Wisconsin) currently have this system. 37 The states that allow public sector strikes do so with some degree of control. Either by statute or by the courts' equitable power, strikes are allowed only in some instances. The right to strike is limited to public employees whose absence from their jobs would not immediately endanger the public welfare. 38

State common law
• Generally, the common law has regarded public employee strikes as illegal "per se." 21 This "per se" rule is simple and harsh. • First, (sovereignty argument )a strike against the government is said to be tantamount to a denial of governmental authority. Second(public employment are established by the legislature the executive branch, cannot respond to strike pressure ), the terms of public employment are deemed not to be subject to bilateral collective bargaining because they are set by the legislative body. Third( excessive bargaining power,

Illinois legislature
• Illinois legislature enacted two comprehensive collective bargaining statutes, one covering educational employees (the Illinois Educational Labor Relations Act or "IELRA") and the other covering state and local government employees outside the educational sector (the Illinois Public Labor Relations Act or "IPLRA") • the IELRA and the IPLRA allow strikes by all employees except police officers, firefighters, paramedics, and security personnel.

Louisiana
• the Simon v. Jefferson Davis Parish School Bd., 289 So. 2d 511 (La. App. 3d Cir. 1974). Louisiana state public labor disputes provided the strike involves "non-essential" employees.
• THE LOUISIANA TEACHERS' TENURE ACT

Arkansas law
• Potts v. Hay and City of Ft. Smith v. Arkansas State Council No. 38, AFSCME AFL-CIO. • Wilson v. Pulaski County Association of Classroom

California
• COUNTY SANITATION DISTRICT (No. 2) v. LOS ANGELES COUNTY EMPLOYEES ASSOCIATION


				
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