Strikes

 

A strike occurs when workers collectively organise to stop working in order to press the employer(s) to meet their demands. 

Strikes can be one of the strongest actions workers can take. There may also be tremendous practical and legal barriers, not the least of which is the unity required of the workforce.  Strikes can be transformative and inspiring.  They are often high risk, win or lose events. 

Going on strike changes individuals and unions.  A strong strike will impact the employer’s production of services, goods and transport.  The withdrawal of labour and disruption of production can show workers just how needed our labour is.  However, when a strike is lost, workers can lose wages and benefits and possibly their jobs and the union can be severely weakened. 

Has your union gone on strike or taken industrial action in the past?  What happened?

Discuss different types of strikes that have occurred in your country and industry.

What helped some strikes win and why did some strikes lose?

What kind of strike might be effective in your situation?

There are many different sorts of strikes.  Strikes can unite workers across a workplace, an industry, a company, a region, a country and internationally.  Small or symbolic strikes can be effective as a part of larger campaigns.  There are open-ended strikes, day long or short strikes and rolling strikes.   There are also sickouts, wildcat strikes (strikes not authorised by the union), mass resignation strikes, safety strikes, sympathy strikes, sit down strikes and workplace occupation strikes. There are legal strikes and illegal strikes.

 

Has your union gone on strike or taken industrial action in the past?  What happened?

Discuss different types of strikes that have occurred in your country and industry.

What helped some strikes win and why did some strikes lose?

What kind of strike might be effective in your situation?

Strikes are a tactic, one of many tactics in a contract campaign.  If workers are not ready to strike, look for other strong tactics that can impact the employer.  Strikes should never be done alone without an overall strategy.   When a strike starts, the contract campaign escalates.  If a strike will not sufficiently impact your employer(s), look for other campaign tactics and strategies that would.  (link to Strategy and Tactics materials)

The employer(s) may try to push a strike in order to break the union or a strike could result in a shut down or bankruptcy.  If so, discuss other strong campaign tactics or see if you can plan a shorter, smaller strike or rolling strikes.  You might benefit from an “inside” strategy where workers continue to work without a contract and take action by slowing or blocking production, working to rule, banning overtime, marches on the boss and other protest actions.

A successful strike needs a great deal of preparation, particularly with building worker unity and willingness to take action.  Workers and their families and communities must be convinced that a strike is both necessary and needed. 

It can take years to build a strong strike or a flashpoint can come quickly.  If workers are not yet ready to strike, laying the groundwork for future strikes is important.  The preparations for a strike and the possible threat of a strike can be powerful. 

The best time to prepare for and discuss strikes with workers is as soon as possible.  Even if a strike will not happen any time soon, it is good for workers to understand how to stop or slow production and why and when it might be necessary.

 

If you have not already done so, review your contract campaign and legislative framework and discuss where, when and if strikes will fit into the campaign. 

Discuss the campaign benchmarks you have set and where you might be at the time of striking.

If striking is not a suitable option, discuss how you can strengthen your contract campaign while continuing to work with or without a contract.

For additional assistance, return to the Campaigning and Organising materials.

Benchmarks - Uniting the Workforce

For a strike to be successful you will need the vast majority of the workers involved.  Reach out to all worker and their families, hold deep conversations and develop strong trust and mutual understandings of what is at risk. 

In a strike, the actions of each and every worker will have an impact on whether the strike is won or lost.  Some unions set a benchmark of 90% to 100% of the workforce participating in contract campaign actions such as picketing before moving forward to a strike.  Your benchmark will depend on your situation.

Make sure you have a way to reach all workers through the arbolito and workplace delegate structures and test your ability to move people to collective action tactics within short time frames.  Test how many workers are prepared to strike, with coordinated actions in the workplaces.  Set benchmarks for participation.  If there is not enough participation, it may be too early to call for a strike or strike vote.

If workers are not ready to strike, start where workers are at and then increase the risk level of collective actions.  Assess what workers are wiling to do thru the arbolitos and workplace leadership structures.

Discuss what collective actions would help build towards a strike and help the union know if workers are ready to strike?

What benchmark, or percentage of workers involved would you need before you move forward with a strike?


Preparing to Strike

A strike authorisation vote can give the union bargaining team or union leadership the authority to call a strike when and if needed.  The union can call a strike authorisation vote at any time, including during or prior to negotiations beginning, but the union will not usually call for a strike vote unless they know that a vast majority of the workers will vote yes.  If a simple majority or less of the workers vote to strike it can be a major sign of weakness and harm the bargaining process.  Whether the union releases the exact number of yes and no votes is usually up to the union. 

A vote to strike does not mean that a strike will necessarily occur as the parties may return to the negotiating table or the union may decide to take other action.  A strike vote and prior notice to the employer may be legally required before a union can begin a strike.  

Start talking to workers about why there is a need for a strike and what a strike will be like.  Use the arbolito and workplace leadership structures for these discussions .  Answer people’s questions and fears and build relationships of trust. 


Some of the topics that will need to be covered include:

  • The key demands – for workers and the broader community
  • The profitability of the employer(s) and the ability of the employer(s) to pay
  • Whether the demands can be obtained without striking
  • What a strike will look like
  • What not striking will look like
  • How a strike will impact workers and families
  • How the employer(s) may retaliate
  • Plans to reduce or delay debt and bills, put away savings and details about any union strike funds or community assistance.
  • List other workers they can talk to and how they can help with strike preparations

 

Take your time and start early with the worker conversations.  You are likely to need a series of conversations over a period of time often years.  Some unions will start with the first two topics, about the key strike demands and the employers ability to pay, and then assess whether to move further into the more specific strike planning.  By the time you are nearing a strike, it should be clear to workers and the employer that workers are both willing and prepared to strike. 

Once you decide to strike you will need a message on why you are striking that speaks to the pubic, the striking workers and the broader community.  This message will likely be the same or similar to your contract campaign message. Predict and prepare for what the employer and the news media are likely to say about a strike.

Discuss ways to support and strengthen the arbolito structures and contract campaign actions in preparation for a possible strike. 

Decide what benchmarks you need to set.

  • Include how many workers the arbolito structures need to cover.
  • List upcoming campaign actions and set benchmarks for the number of workers participating in each of them.

Would a strike vote be useful in your situation?

If so, what would such a vote look like and when would you hold it?

Prepare a message on why you are striking that appeals to the pubic, the striking workers and the broader community. 

Discuss how early you will start talking to workers and their families about striking and list the topics you will want to cover.


Legal Frameworks for Strikes

A worker’s right to withdraw their labour is a fundamental freedom supported by the ILO.  There are many laws and regulations around the world that both restrict and support this freedom. 

You may be prevented by legislation from striking before the collective agreement expires and impasse has been reached.  You may be required by legislation to strike during the open bargaining period only. 

Legislation may define who is an essential worker.  Essential workers who are legally prevented from striking due to their work being essential to the public, such as some health care workers and emergency services workers.  Often the justification for deciding that workers are essential is arbitrary at best.  Be prepared to challenge the decision and the number of essential workers.

If your collective agreement has a “no-strike clause”, a legal strike would most likely occur after a contract expires, not during the term of the contract.  A no strike clause may ban strikes during the life of the contract and also may include clauses giving workers more legal protections when they refuse to cross picket lines.  Review and understand any no-strike clauses that could impact your employer.  For example, if deliveries of goods are important to your employer(s), look to see if the delivery workers union has contract language or regulations that help protect delivery workers who refuse to cross your picket lines.

In Chile, the 1,000 member LATAM Express cabin crew union faced difficult negotiations in 2018.  The strike resulted in the cancellation of nearly 2,000 flights and ended up testing the legal frameworks in the country. 

After 14 days with the strike at its maximum effectiveness and no movement from the employer, the union ended the strike and accepted the company’s last offer, as outlined by law. 

The company contested the law, refused to end the strike, and used the opportunity to individually pressure workers to return to work under individual contracts and without a collective contract.  The vast majority of the workers returned to work.  Two union leaders stayed strong, refusing to sign the individual contracts and continuing to strike, protecting the collective contract and the union.

The case went to the supreme court of Chile and after two years, the union won the case, uniting all the workers and forcing the company to recognize the legal collective bargaining agreement for everyone.  The union leaders went back to work, ending the longest strike in the history of Chile.

Research and discuss any laws and regulations that would impact a strike in your situation.

  • Definition of “legal” and “illegal” strikes
  • Legal deadlines or timeframes for striking
  • Strike vote and strike notice requirements
  • Lock out procedures
  • Definitions of “essential” workers
  • Striker replacement laws
  • Penalties to the employer or union for violations of labour law
  • Injunctions against picketing or striking
  • Arrests, fines and penalties against workers
  • Picketing laws and regulations
  • Other…

Impacting the Employer(s)

To create a strong strike the union will want to maximise the participation of workers across industries, companies, types of work and geographic areas.  A general strike, one of the most powerful forms of striking, involves all working people in a given city, region or country.  General strikes by their sheer size can prevent the “replaceability” of the workforce.  As unions we usually want to involve the largest number of workers possible to have the maximum impact on the employer(s) and to build the most solidarity.

Some workers have different capacities to impact the employer(s) during a strike, even within the same workplace and company.  Look for work areas, workplaces and jobs where the withdrawal of labour can have the most impact on your employer(s) and their customers and clients.  For example, just in time logistics and transport systems can result in even small numbers of workers leveraging tremendous power.  Some skilled workers are harder to replace and therefore may have more impact during a strike.

Make an effort to involve workers and leaders from areas that could most impact the employer(s).   These key workers may not be in your union, your workplace or in your country.  However, if they can impact the employer’s production and services you will want to be in contact with them as potential allies.

There are usually bottlenecks and checkpoints within every workplace.  Small strikes and work bans can be extremely effective, particularly when workers from a larger area take collective action at the same time.  Publicising the impact of a small or short strike on the employers’ customers and clients can have a huge impact.  Look as well for large groups of workers who when united and mobilised can effectively impact an employer by withdrawing their labour.

The Sarvodaya Drivers Association, and union app-based drivers across India and the ITF (International Transport Federation) Delhi Office began networking with various drivers in the shared platform economy, mobilising and meeting them, sharing stories of struggles and contacts with similar workers around the globe.

Drivers for Uber and OLA Cabs, members of the Sarvodaya Drivers Association, struck for five days in 2017 and were able to enforce a near-complete shutdown in Delhi and satellite towns.  The drivers had been pushed into unfavourable loans to purchase cars.  With steep surcharges, reduced payment rates and frequent deductions due to arbitrary penalties, and long working hours, drivers said their income fell to a tenth of what it was in 2015 putting them under immense pressure to pay their next loan instalments.

After two years of hard work and a second larger and longer multi city strike in 2018, the Indian Federation of App Based Transport Workers (IFAT) was formed in December 2019.  There is now a membership of approximately 25,000 drivers from 15 Indian cities and IFAT is expanding their organising to include food delivery riders of companies like Swiggy, Zomato and Dunzo.

Sangam Tripathy, ITF Asia Pacific Region, Assistant Regional Secretary

In 1974 a group of workers at the Rolls Royce factory in Glasgow showed their support for the people of Chile by refusing to carry out the vital repairs of engines for Hawker Hunter planes, which had been used during the brutal military coup in September 1973.  The work ban was a matter of conscience and an act of solidarity that endured for four years, but the Scottish workers only learned decades later that their work ban protected Chilean workers and helped them survive the horrors of the Pinochet years.

https://naepasaran.com

How can you build the unity of the workers to have the maximum impact on the company during a strike? 

Are there areas of work or particular groups of workers that can most impact employer production and services during a strike?  How can you strengthen relationships with these workers?  What concerns and problems do they have?

Look for key times to strike when delays and stoppages could have the most impact.  There may be holiday rushes or particular deadlines that must be met. Or events that are important to the company such as upcoming visits by company officials, meetings, or inspections, reports or products that are due at a particular time.

You may be able to extend the power of your strike much longer than the actual strike by running a public media campaign to let people know to expect delays and cancellations of product and services.  You can help customers to cancel orders ahead of time or choose other products or services.  Focus your message on particular customers, logistics companies, passengers, or competitors that are most important to your employer(s) and the general public.

Decide whether it is important to catch the company off guard with the timing of the strike.  Analyse how much time the company needs to prepare for a strike.  There may be legal strike notification requirements that will limit the surprise element.  Rolling strikes that start with little notice and also stop with little notice can be effective when not blocked by legislation.

What would be the best timing for a strike in your situation?


Workforce Replacement

A strike breaker (or scab) is a person who works during a strike.  Strike breakers may be hired after or during the strike or already be regular employees before the strike.  Prepare for the employer(s) attempts to train managers to do union work during the strike.

 You will need to keep careful watch for any workers who do not go on strike and document the situation carefully and accurately.  The union constitution may provide for fines and/or assessments to be levied against any union member that either crosses the picket line or who does not show up for picket duty or other strike activities.

Employers may or may not have a legal right to hire replacement workers for striking workers.  The firing of strikers can have serious consequences for employers – from the lack of hands on experience of replacement workers, a lack of qualified skilled replacements, damage to profits and public image, and the potation escalation of union campaign actions.

Carefully analyse the employer’s ability to replace workers with strike breakers.  Try and predict when and where outside strike breakers might be recruited and see if you can organise them or educate them.  Strike breakers may come from temporary agencies that you can campaign against.  Document and protest the employer(s) training managers to do union work.  The goal is to make it as difficult as possible for the employer(s) to replace the workforce.  Once the strike starts, large and perhaps roving pickets may be needed to confront strike breakers as they decide whether to cross the picket line to work.

Discuss your strategy to deal with strike breakers – before the strike, during the strike and after the strike.

If your strike is impacted by essential services law, discuss which workers are likely to be considered essential workers, whether you can impact this decision, and how you will prepare to deal with essential service workers before, during and after the strike.


Strike Committees

Set up strike committees.  The early formation of strike committees will send a message to the employer(s).  You will probably need a coordinating strike committee as well as numerous sub-committees for picketing, financial assistance, media, fundraising, food and water, childcare, communications, community union and political allies, rapid response teams, entertainment and other topics.  Include family members and community allies.

The coordinating committee should include elected union leaders, workplace and campaign leaders.  Hold frequent meetings both leading up to, during and after the strike. Make sure all groups of workers are well represented.  Keep everyone informed and involved.

The strike communications committee is especially important as workers need constant updates and good information.  The communications committee should be based on your arbolito structures and workplace leaders and include bargaining team members as well as key contract campaign leaders.  Plan for a regular text, newsletter, social media or email updates, a phone hotline and/or website.

Strike pay is sometimes provided by the union and is often linked to picket line duty and other strike support activities.  You will need to keep detailed attendance records so the financial assistance committee knows who completed the required picket duty time. 

Strikers will need assistance with basic needs such as housing and food.  Look for community resources and relief agencies that can help.

Discuss the strike committees needed, who will be involved and how often they will meet.

Discuss what financial resources from the union will be needed and for how long. 

Can allies help raise funds?


Picketing

Picket lines are usually the central point of a strike.  They demonstrate to workers and the public the strength, unity and commitment of the workforce.  Picket lines can be critical to shutting down operations and services.  If picketing is not possible in your situation, plan other collective actions that will impact the employer(s) and rally support form allies.

Leading up to a strike, picket during work breaks or before or after work.  Workers should have picketing experience before they go on strike.  Seek support from other unions and community allies for pre-strike pickets and continue this support into the strike pickets.

Plan the locations and times for picketing that will have the most impact.  Pickets do not have to be held in the same place everyday and can be roving.  Coordinate the pickets with other contract campaign actions and tactics.  Create rapid response teams that can organise key actions, rallies and marches to supplement the pickets.   

Accountability and discipline are critical to running a strong picket line.  Keep attendance records for each shift.  The picket captain is the ultimate authority on the picket line at all times.  Decide how you will select and train picket captains.  For large pickets you may want assistant picket captains and media spokespersons. 

Be prepared for conflict.  Know your legal rights and make sure you have access to legal representatives as needed.  Develop a relationship with the police before the picketing starts or immediately when they arrive.  Negotiate with the police over issues such as if and how often vehicles can come and go through the picket and traffic issues.   Do not allow the police to control the picket line, that is the job of the picket captain.  If police attempt to give direct instructions to picketers, picketers should direct the police to the picket captain unless it is a matter of immediate public safety.  Plan how you will handle possible arrests and fines.

Make sure you have a plan to deal with scabs and replacement workers, delivery drivers, workers from other unions and management employees attempting to cross the picket line.  Never engage in racial, ethnic, gender or age-based name calling – call people what they are - scabs and strike breakers

Organise essential supplies such as food, water, parking, attendance sign-in procedures and access to restrooms.   Make sure you have access to medical assistance if needed.  Keep morale with chants, music, solidarity greetings from allies, strike updates, and discussions about campaign strategies and tactics.

 

Discuss where you will picket, how many pickets and picket captains you will need. 

When can you begin pre-strike practice pickets?

Which picket locations and times could impact your employer(s) the most?

Discuss and plan your picket line logistics.


Ending a Strike

The employer(s) may come back to the negotiating table at any time during the strike preparations or during the strike.  The bargaining team will need to be ready to resume negotiations.  The message to the employer and the public is that the union is ready and prepared to sit down at any time and settle the contract.

It has been said that it is easier to go on strike than to come back in.  You will want to have a plan on how you will come back in – which should include a plan for losing in the best way possible.     

Discuss how the strike might end if you win.  And if you lose.

Brainstorm what you need to do to prepare for both possibilities.

If you have not won on key issues, and the strike is not effective, make a plan to return to work and continue to fight using other tactics.  Look for strong immediate actions that workers can unify around and that will significantly impact the employer(s).  Win or lose, return to work by walking back into the workplace together and plan a way to commemorate the strike for future generations and pepare for future actions.

Discuss how the strike might end if you win.  And if you lose.

Brainstorm what you need to do to prepare for both possibilities.

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