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GW Law Faculty Publications & Other Works

2012

Labor law

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The Right To Strike And Its Possible Conflict With Other Fundamental Rights Of The People In The United States, Charles B. Craver Jan 2012

The Right To Strike And Its Possible Conflict With Other Fundamental Rights Of The People In The United States, Charles B. Craver

GW Law Faculty Publications & Other Works

Although the right to strike is not constitutionally protected in the U.S., it is protected for private sector workers under Section 7 of the National Labor Relations Act as concerted activity for mutual aid and protection. Federal employees and most state and local government employees do not have the right to strike, but several states permit work stoppages by non-essential personnel. Most collective bargaining agreements contain no-strike clauses forbidding work stoppages during the term of such contracts. Sympathy strikes by private sector workers supporting strikes by employees bargaining over new contract terms are usually protected as concerted activity for mutual …