Description
Highlights:
Wildcat stoppages most seriously involve walkouts in violation of the labor agreement.
There must yet remain unexhausted steps in the grievance process and the union must have pledged not to strike.
Courts have implied a no-strike clause where the labor agreement has an arbitration clause.
Meting Out Discipline:
Variable penalties are usually applied depending on degree of participation.
Duration of the strike is usually not a factor.
Extenuating circumstances generally do not ameliorate the penalty.
Remedies of Management include a court injunction and a suit or arbitration seeking damages and/or punitive damages.
Where a substantial number of employees call in “sick,” Management would be advised to investigate.
The Union has a duty to try to stop the strike.
