What is a Strike?
A strike is the legal withholding of one's labor in an attempt to bring
economic pressure to bear on the carrier. This is the Union's self help remedy.
No one can be fired for legally striking. To union members, a strike means
sacrifice for themselves and their families, and is not entered into frivolously.
When can a Union strike?
The Railway Labor Act was designed to keep stoppage of the nation's transportation
systems to a minimum during disputes between carriers and unions. There is
a system for negotiation and dispute resolution to give both sides ample opportunity
to resolve differences. These steps are:
- Voluntary Negotiations - The parties first meet voluntarily to
negotiate a contract. If the parties cannot reach an agreement voluntarily
a request is made for mediated negotiations.
- Mediated Negotiations - The NMB assigns a mediator to the negotiations.
The mediator's main duty is to facilitate progress during the negotiations.
When progress between the parties can no longer be achieved (parties are
at impasse) the mediator is empowered to release the parties to exercise
self-help measures. Prior to release there is a 30-day cooling off period.
Usually "Super Mediation" is conducted just prior to release and a proffer
to arbitrate the dispute is made.
- Release - The parties are released to exercise self-help measures.
For the union, this is the only time when a strike may legally take place.
The carrier may implement their last and final offer and may hire temporary
or permanent replacements in the event of a strike.
- Presidential Emergency Board - The U.S. President, by law, may
intervene upon release by assigning a PEB to the dispute. This can delay
self-help measures for up to 240 days, if all procedures are followed.
Who calls a strike?
It is a myth that union leadership calls strikes. Only the pilots involved
can make the decision to go on strike, and only then by a majority vote as
determined by the member pilots themselves. Organized employees know that
the decision to strike has economic impacts on both the employees and the
employer.
How frequent are strikes?
Not frequent at all. In 98 percent of all OPEIU collective bargaining negotiations
agreements are reached without a strike.
Are strikes really necessary?
No, the OPEIU believes that if pilots and management discuss issues in an
atmosphere of mutual respect and concern strikes should not occur. Further,
there are many strategies that can be implemented short of a strike to force
a carrier to negotiate in good faith.