3/26/2023 0 Comments The medium workers unionschiffer![]() Workers prepare for months without pay, and the company for months without production. What does it mean to “strike”? Machines screech to a halt. This Note argues that the scope of protected forms of concerted activity available to unfair labor practice strikers should be broader given that these strikes’ primary purpose is not to wage an economic battle but, alternatively, to compel an employer to comply with the requirements of existing labor law. The justifications for finding certain forms of nontraditional strikes unprotected under the Act stem from a theory that such labor action should be left to the free play of economic forces. Instead, the Board and courts have at times skirted the question of whether a separate standard is necessary, developing elusive exemptions from the traditional rule to protect workers engaged in these strikes. While unfair labor practice strikers receive greater protection from replacement by employers, neither the Board nor the federal courts have allowed for expansion of the scope of protected nontraditional strike activity for such strikers. In removing such strike forms from the protection of federal labor law, the Board and courts have declined to expressly differentiate between nontraditional strikes stemming from different purposes. With respect to form, the subcategories are less clear, but the National Labor Relations Board (NLRB or Board) and the courts have distinguished between full strikes, which receive protection under the National Labor Relations Act (NLRA or Act), and certain categories of nontraditional strikes, such as intermittent and partial strikes, which do not. In terms of purpose, a strike over terms and conditions of employment is an economic strike while one over an employer’s violations of federal labor law is an unfair labor practice strike. Currently, social workers do not have strong union representation and this has put social workers at a disadvantage by driving down incomes, driving up caseloads, and increasing health and safety risks ( Scanlon and Harding, 2005).American labor law classifies strikes according to both purpose and form. During this same period of time, teachers and nurses remained unionized and continued to increase membership ( Apesoa-Varano and Varano, 2004 Mertz, 2014). However, after the recession of the 1970s and into the austerity policies of the 1980s, social work unionization began to trend down ( Ashenburg-Straussner and Phillips, 1988 Scanlon and Harding, 2005). ![]() From the 1940s through the 1970s, social work union membership began to trend upward, a trend that was paralleled by the unionization of other professions such as teaching and nursing ( Ashenburg-Straussner and Phillips, 1988 Scanlon and Harding, 2005). On the one hand, social workers have developed an identity based on professionalism and have formed professional organizations to defend and advocate for social worker interests, while on the other hand, social worker interests have not fully been realized through these professional organizations, particularly in terms of wages and caseloads ( Schlachter, 1976). Over the past century, social work has faced a conflict between professionalization and unionization ( Alexander et al., 1980 Ashenburg-Straussner and Phillips, 1988 Karger, 1988 McMillen, 1947 Scanlon, 2005). All subjects Allied Health Cardiology & Cardiovascular Medicine Dentistry Emergency Medicine & Critical Care Endocrinology & Metabolism Environmental Science General Medicine Geriatrics Infectious Diseases Medico-legal Neurology Nursing Nutrition Obstetrics & Gynecology Oncology Orthopaedics & Sports Medicine Otolaryngology Palliative Medicine & Chronic Care Pediatrics Pharmacology & Toxicology Psychiatry & Psychology Public Health Pulmonary & Respiratory Medicine Radiology Research Methods & Evaluation Rheumatology Surgery Tropical Medicine Veterinary Medicine Cell Biology Clinical Biochemistry Environmental Science Life Sciences Neuroscience Pharmacology & Toxicology Biomedical Engineering Engineering & Computing Environmental Engineering Materials Science Anthropology & Archaeology Communication & Media Studies Criminology & Criminal Justice Cultural Studies Economics & Development Education Environmental Studies Ethnic Studies Family Studies Gender Studies Geography Gerontology & Aging Group Studies History Information Science Interpersonal Violence Language & Linguistics Law Management & Organization Studies Marketing & Hospitality Music Peace Studies & Conflict Resolution Philosophy Politics & International Relations Psychoanalysis Psychology & Counseling Public Administration Regional Studies Religion Research Methods & Evaluation Science & Society Studies Social Work & Social Policy Sociology Special Education Urban Studies & Planning BROWSE JOURNALS
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