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Employer Remedies For Breach Of No-Strike Clauses

Indiana Law Journal

No-strike clauses in which unions promise not to strike or engage in work stoppages appeared in more than 94 per cent of all collective bargaining agreements in 1960.1 The no-strike clause is of manifest importance to the employer, for it is obtained as its sole assurance that business operations will continue uninterrupted by inevitable labor-management disagreements. It has long been thought that specific enforcement was the only satisfactory employer remedy for breach of a no-strike clause,' but a recent decision of the United States Supreme Court, Sinclair Refining Co. v. Atkinson,3 has held that federal courts may not issue injunctions …