Going on Strike: Labor FAQ

Workers may choose to protest unfair wages or other issues with their employer by going on strike. During a strike, workers do not provide any services to the company that employs them. However, there are rules against firing or otherwise retaliating against those who decide to go on strike. Take a detailed look at how employees are paid on strike and what their rights are while taking such action.

If you have more questions about your rights when hitting the picket line, talk to an experienced labor law attorney for more information.

How Do You Protect Benefits While on Strike?

To ensure that workers will have a job to return to after the strike is over, it is important to make sure that the strike is legal. According to the National Labor Relations Board (NLRB), there are two ways in which a strike constitutes protected National Labor Relations Act (NLRA) activity.

A strike is lawful under the NLRA if it is an economic strike or an unfair labor relations strike. A lawful economic strike is one undertaken to obtain higher wages, shorter hours, or other objectives that would increase workers’ earning power. All other strikes are generally considered to be unfair labor practice strikes.

In a strike undertaken for economic purposes, strikers may be replaced by their employers. However, when the union agrees to end the strike without conditions, striking workers must be allowed to return to a similar position or be the first people called when new positions become available. Those who are striking to demand changes to unfair labor practices in most cases cannot be replaced. The only exception is if an employee engages in significant misconduct while away from work.

Generally speaking, those who are part of a legal strike cannot lose their health insurance or other benefits. While they may not receive them during a strike, these benefits must generally be made available to workers after returning to work.

For example, if you earn vacation time while out on strike, you must get that accrued time upon returning to work. You may also be entitled to receive other benefits, such as contributions to a retirement plan or a Health Savings Account (HSA).

Are Workers Paid While on Strike?

When workers go on strike, they are not entitled to a normal paycheck from their employer. However, many unions have strike funds to help striking employees make ends meet.

For example, union members belonging to the United Auto Workers (UAW) receive weekly pay in addition to bonus checks for the Thanksgiving and Christmas holidays.

Those who work for the International Brotherhood of Teamsters are eligible for a rate equal to five times their monthly dues or a minimum of $200 per week. In addition to strike pay, workers may also have some or all of their insurance coverage paid for them. In some cases, the union will make COBRA payments to help workers maintain their health insurance while on strike.

If the union does not make COBRA payments on behalf of its members, they have the option of making the payments themselves. This entitles you to the same coverage that you received while employed, and this generally lasts for up to 18 months. However, you will be paying the full monthly premium price on your own.

It is important to note that if you live in a right-to-work state, it may be possible to resign from a union or not join a union at all. This means that in states such as Texas or Virginia, you can leave a union and go back to work if the employer is still operating while a strike is ongoing.

Are Workers Eligible for Unemployment Benefits?

As a general rule, a worker who goes on strike cannot collect unemployment benefits. This is because those who are on strike are generally considered to have left their workplace voluntarily. In most cases, strikers are not actively looking for new jobs because they are likely to return to their current employer when the strike is over.

However, there are exceptions depending on whether you willingly went on strike or if you were still unemployed after the strike ended.

Additionally, some states allow workers to collect unemployment benefits during a strike, depending on how long it lasts. In New York, for example, workers can apply for and collect unemployment benefits if a strike lasts for more than 14 days. Workers can collect benefits prior to 14 days if they are locked out as opposed to going on strike. A lockout is an action taken by management forcing workers to remain away from the workplace.

Those who are on strike and have questions about their rights may want to talk to their union representative. This person may be able to answer questions about what benefits they offer to striking workers and how going on strike may affect their job status. Your union representative can also put you in touch with a labor law attorney about your legal rights.