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Sunday, May 1, 2011

Strike action

(States Twitter)-Strike action, also called labour strike, on strike, greve (of French: grève), or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became important in factories and mines. In most countries, they were quickly made illegal, as factory owners had far more political power than workers. Most western countries partially legalized striking in the late 19th or early 20th centuries.
Strikes are sometimes used to put pressure on governments to change policies. Occasionally, strikes destabilise the rule of a particular political party or ruler. In such cases strikes are often part of a broader social movement taking the form of a campaign of civil resistance. A notable example is the 1980 Gdańsk Shipyard strike led by Lech Wałęsa. This strike was significant in the long campaign of civil resistance for political change in Poland, and was an important mobilised effort that contributed to the fall of the Iron Curtain and the end of communist party rule in eastern Europe.
Categories of strikes
Most strikes are undertaken by labor unions during collective bargaining. The object of collective bargaining is to obtain a contract (an agreement between the union and the company) which may include a no-strike clause which prevents strikes, or penalizes the union and/or the workers if they walk out while the contract is in force. The strike is typically reserved as a threat of last resort during negotiations between the company and the union, which may occur just before, or immediately after, the contract expires.
Sometimes a union will strike rather than sign an agreement with a no-strike clause. Such an action was documented in Harlan County, USA, a video about a United Mine Workers strike.
In some industrial unions, the no-strike clause is considered controversial.
Generally, strikes are rare: according to the News Media Guild, 98% of union contracts in the United States are settled each year without a strike.[citation needed] Occasionally, workers decide to strike without the sanction of a labor union, either because the union refuses to endorse such a tactic, or because the workers concerned are not unionized. Such strikes are often described as unofficial. Strikes without formal union authorization are also known as wildcat strikes.
In many countries, wildcat strikes do not enjoy the same legal protections as recognized union strikes, and may result in penalties for the union members who participate or their union. The same often applies in the case of strikes conducted without an official ballot of the union membership, as is required in some countries such as the United Kingdom.

Legal prohibitions on strikes
In the People's Republic of China and the Former Soviet Union
In some "Marxist-Leninist" regimes, such as the former USSR or the People's Republic of China, striking is illegal and viewed as counter-revolutionary (see Trade unions in the Soviet Union, All-China Federation of Trade Unions. Since the government in such systems claims to represent the working class, it has been argued that unions and strikes were not necessary. In 1976, China signed the International Covenant on Economic, Social and Cultural Rights, which guaranteed the right to unions and striking, but Chinese officials declared that they had no interest in allowing these liberties. (In June 2008, however, the municipal government in Shenzhen in southern China introduced draft labour regulations, which labour rights advocacy groups say would, if implemented, virtually restore Chinese workers' right to strike.). Trade unions in the Soviet Union served in part as a means to educate workers about the country's economic system. Lenin referred to trade unions as "Schools of Communism." They were essentially state propaganda and control organs to regulate the workforce, also providing them with social activities.

In France
In France, the right to strike is recognized and guaranteed by the Constitution.
A "minimum service" during strikes in public transport was a promise of Nicolas Sarkozy during his campaign for the French presidential election. A law "on social dialogue and continuity of public service in regular terrestrial transports of passengers" was adopted on August 12, 2007, and it took effect on 1 January 2008.
This law, amongst other measures, forces certain categories of public transport workers (such as train and bus drivers) to declare to their employer 48 hours in advance if they intend to go on strike. Should they go on strike without having declared their intention to do so beforehand, they leave themselves open to sanctions.
In the United States
The Railway Labor Act bans strikes by United States airline and railroad employees except in narrowly defined circumstances. The National Labor Relations Act generally permits strikes, but provides a mechanism to enjoin strikes in industries in which a strike would create a national emergency. The federal government most recently invoked these statutory provisions to obtain an injunction requiring the International Longshore and Warehouse Union return to work in 2002 after having been locked out by the employer group, the Pacific Maritime Association.
In the United Kingdom
The Industrial Relations Act 1971 was repealed through the Trade Union and Labour Relations Act 1974, sections of which were repealed by the Employment Act 1982.
The Code of Practice on Industrial Action Ballots and Notices, and sections 22 and 25 of the Employment Relations Act 2004, which concern industrial action notices, commenced on 1 October 2005.
Strikebreakers

A strikebreaker is someone who continues to work during strike action by trade unionists or temporary and permanent replacement workers hired to take the place of those on strike. Strikebreakers are commonly given derogatory terms like scab and blackleg. The act of working during a strike – whether by strikebreakers, management personnel, non-unionized employees or members of other unions not on strike – is known as crossing the picket line, regardless of whether it involves actually physically crossing a line of picketing strikers. Crossing a picket line can result in passive and/or active retaliation against that working person.
Union strikebreaking
The concept of union strikebreaking or union scabbing refers to any circumstance in which union workers themselves cross picket lines to work.
Unionized workers are sometimes required to cross the picket lines established by other unions due to their organizations having signed contracts which include no-strike clauses. The no-strike clause typically requires that members of the union not conduct any strike action for the duration of the contract; such actions are called sympathy or secondary strikes. Members who honor the picket line in spite of the contract frequently face discipline, for their action may be viewed as a violation of provisions of the contract. Therefore, any union conducting a strike action typically seeks to include a provision of amnesty for all who honored the picket line in the agreement that settles the strike.
Films
Non-fiction
Final Offer (film) - A look at the 1984 contract negotiations between General Motors and its union.
Harlan County, USA, Director: Barbara Kopple, USA 1976–A documentary film about a very long and bitter strike of coal miners in Kentucky
American Dream, Director: Barbara Kopple, USA 1990 – A documentary film about the unsuccessful 1985-1986 meatpacker's strike against Hormel Foods in Austin, Minnesota.
Bastard Boys, A miniseries based on the 1998 Australian waterfront dispute.
Fiction
Statschka Strike, Director: Sergei Eisenstein, Soviet Union 1924
Brüder brothers, Director: Werner Hochbaum, Germany 1929–On the general strike in the port of Hamburg, Germany in 1896/97
The Stars Look Down, Director: Carol Reed, England 1939 – Film about a strike over safety standards at a coal mine in North-East England - based on the Cronin novel
Salt of the Earth, Director: Herbert J. Biberman, USA 1953–Fictionalized account of an actual zinc-miners' strike in Silver City, New Mexico, in which women took over the picket line to circumvent an injunction barring "striking miners" from company property. The striking women were largely played by real members of the strike, and one woman was deported to Mexico while filming. The union organizer Clinton Jencks (from Jencks v. United States fame) also participated.
F.I.S.T, Director: Norman Jewison, 1978 – loosely based on the Teamsters union and former president Jimmy Hoffa.
Norma Rae, Director: Martin Ritt, 1979.
Matewan, Director: John Sayles, 1987 – critically acclaimed account of a coal mine-workers' strike and attempt to unionize in 1920 in Matewan, a small town in the hills of West Virginia.
History

The strike tactic has a very long history. Towards the end of the 20th dynasty, under Pharaoh Ramses III in ancient Egypt on 14 November 1152 BC, the artisans of the Royal Necropolis at Deir el-Medina organized the first known strike or workers' uprising in recorded history. The event was reported in detail on a papyrus at the time, which has been preserved, and is currently located in Turin. The strike is narrated by John Romer in Ancient Lives: The story of the Pharaohs' Tombmakers  The strike so terrified the Egyptian authorities, as such rebellion was virtually unheard of, that they gave in and raised their wages.
The use of the English word "strike" first appeared in 1768, when sailors, in support of demonstrations in London, "struck" or removed the topgallant sails of merchant ships at port, thus crippling the ships. Official publications have typically used the more neutral words "work stoppage" or "industrial dispute".
In 1917, the Mexican Constitution was the first national constitution that constitutionally guaranteed the right to strike.
In 1937 there were 4,740 strikes in the United States. This was the greatest strike wave in US labor history. This outburst of strikes occurred during a period of deep depression and massive unemployment.
A list of strikes of historic significance may be found here.

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