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LET'S MAKE SURE ALL QUESTIONS ARE COVERED AND ANSWERED, and no negative responses to each student’s post
Kassandra Sullivan In recent years employees have been going on strike more often than they have in previous years. With that being said, HR and managers must know how to deal with the situation if it arises. In most states, strikes by public employees are against the law (What if I want to work during a strike? (public employee), 2019). However, some states, such as California, Illinois, Oregon, and Pennsylvania, have legalized public employee strikes. I do not think that strikes in the public sector should be legal. Public workers are paid using taxpayer’s money, unlike private sector workers who are paid by organizations that are looking for profit. When employees in the private sector go on strike, it is not as atrocious for the public because they can go to another business. Public workers going on a strike could affect many people negatively. Imagine if police officers went on strike. If lawmakers want to make it legal for public employees to go on strike, I think that for some employees, it should absolutely not be permitted. It should be illegal for police officers or medical staff because it could significantly and negatively affect the public. References: What if I want to work during a strike? (public employee). National Right to Work Foundation. (2019, May 1). Retrieved April 13, 2023, from https://www.nrtw.org/work-during-strike-public Marcus Mccall YesterdayApr 12 at 9:27am The right to strike is a fundamental aspect of labor rights and is recognized in many countries, including the United States. The right to strike happens to be the fact that the workers have the legal right to be sold their labor as a means of protesting against unfair treatment by their employers or advocating for better working conditions or other labor-related issues. In the United States, the right to strike is protected under the National Labour Relations Act. However, it is adequate to mention that not all strikes are protected under the act. For example, strikes not authorized by the union, like the wild cat strikes and specific economic strikes undertaken for financial reasons, are not protected under the law. Furthermore, employers are prohibited from retaliating against the workers who engage in protected strikes, such as firing them or taking other adverse employment actions. Workers fired or otherwise retaliated against for participating in a protected strike may be entitled to statements and other remedies protected in the NLRA (Bailey, 2019). Therefore, the right to strike is an essential tool that workers can use to advocate for better conditions and protect labor rights. It is necessary for the workers to understand their rights and to seek guidance from experienced labor actions before engaging in any form of strike actions. The issue of whether public employees should have the right to organize and strike is a contentious one. The act of NLRB provides private sector workers with the right to organize and engage in collective bargaining, and public employees are excluded from many of these protections (Pasternak, 2018). This has recently debated whether public employees should have the same rights as private sector workers, including the right to strike. Proponents of public employee strikes argue that these workers should have the same rights as remote sector workers. They are given that public employees have little bargaining power and that strikes can pressure employers to address their concerns. They also argue that the act should be amended to include public employees and that governments should be required to negotiate in good faith with their workers. Opponents of public employee strikes or give that they can cause significant disruption to essential government services and undermine the public trust in the government (Kahlenberg, 2019). They also argue that public employees already have important job protection and that strikes are unnecessary to protect their rights. Some opponents also say that allowing the public too much power to the unions could lead to inefficiency and cost overrun in government services. There has yet to be a clear consensus regarding which groups should be permitted to strike. Some are that all public employees should have the right to strike. In contrast, others are given that certain groups, such as police officers or firefighters, should be prohibited from crashing due to the potential harm that could be caused by their absence (Gould, 2019). Ultimately any decision about the right to strike for public employees master balance the workers' needs with the public's needs and should be carefully considered in light of the potential consequences of allowing or prohibiting strikes. References: Bailey, R. A. (2018). Public Employee Strikes: An Analysis of the Legal Framework. Labor Law Journal, 69(3), 195–207. Gould, E. (2019). Public Sector Collective Bargaining and Strikes: Evidence from the United States. Journal of Labor Research, 40(3), 312–329. Kahlenberg, R. D. (2017). Why Public Employees Should Have the Right to Strike. Dissent, 64(4), 40-46. Pasternak, D. (2018, July 12). NLRB announces new pilot ADR program Links to an external site. Retrieved from https://www.employmentlawworldview.com/nlrb-announces-new-pilot-adr-program/ Amy Norton I think it would be hard to give some public groups the right to strike without giving the same right to all. There could possibly be a bit of a double standard. That would mean that none of the private sector jobs were considered "essential". We found out during the pandemic that there are a lot of essential workers who work for private organizations. The private sector employees would have the right to strike while the public essential workers would not. Now, I don't want my police officers and firefighters to go on strike for sure, but I do think they should be allowed to express their concerns and demand the opportunity to make their demands heard, even if that means moving forward with a strike. In an article discussing public employees right to strike, the comparison was made between private airline pilots and public controllers who could both be considered essential workers. "The fact that one group of employees works for a private employer and the other group for a public employer does not seem to furnish a justifiable reason for the differing treatment; the differences between the two groups of employees would not seem to be that the controllers perform essential services, but the pilots do not." (McGuire, 1987) McGuire, J. Powers. (1987). A Comparison of the Right of Public Employees to Strike in the United States and Canada. Labor Law Journal. A Comparison of the Right of Public Employees to Strike in the United State...: Library OneSearch. (ebscohost.com)