Official Strike

Definition

An official strike is a work stoppage endorsed by a union and conducted in compliance with the legal requirements for striking. When properly authorized, an official strike is recognized as protected concerted activity under U.S. labor law.

How an Official Strike Works

• Legal framework: In the United States, the National Labor Relations Act and the National Labor Relations Board (NLRB) govern many aspects of private-sector strikes. The NLRB determines whether a particular work stoppage meets the requirements to be considered an official (protected) strike.
• Authorization: An official strike typically requires formal union approval, often via a member vote, and adherence to applicable procedural rules.
• Protections: Workers who participate in an official strike generally have stronger legal protections against employer discipline or dismissal than those who strike without union authorization.
• Purpose: Strikes are a bargaining tool used to press demands on wages, benefits, working conditions, hours, or contract terms when negotiations with an employer stall.

Common Strike Types

• Wildcat strike: A work stoppage initiated without union authorization. Wildcat strikes may lack the legal protections afforded to official strikes and can expose participants to greater employer discipline.
• Picketing: Strikers form a line outside a workplace to discourage customers and workers from entering, drawing public attention, and pressuring employers.
• Sit-down strike: Workers occupy the workplace but refuse to perform their jobs and may refuse to leave the premises. Sit-down strikes have historically been powerful but can raise legal and safety issues.

Historical and Recent Context

• 1994 Major League Baseball strike: An officially recognized and consequential strike that led to the cancellation of the end of the regular season and the entire postseason. Replacement players used during the 1995 spring training were barred from union membership, affecting their access to player licensing revenue and other union benefits.
• Recent activity: Large-scale official strikes continue to occur in modern industries—examples in the 2020s include walkouts by port and auto workers—illustrating that strikes remain an active instrument of labor negotiations.

Key Takeaways

• An official strike follows formal union authorization and legal procedures, which can afford participants greater protections.
• The NLRB plays a central role in determining whether a strike is legally protected.
• Unauthorized (wildcat) strikes may leave workers more vulnerable to employer retaliation.
• Strikes—picketing, sit-downs, and others—are used as leverage when collective bargaining impasses arise.

Bottom Line

Official strikes are a long-standing, legally recognized tactic in labor relations. When conducted according to law and union procedures, they provide workers with a protected means to press demands and influence the outcome of collective bargaining.