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Nickie Koskinen
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While the right to strike is a fundamental right under the NLRA, there are also many limitations and qualifications on the exercise of that right. The following is only a brief outline. A detailed analysis of the law concerning strikes, and application of the law to all the factual situations that can arise in connection with strikes, is beyond the scope of this site. Employees and employers who anticipate being involved in strike action should proceed cautiously and on the basis of competent advice.
Lawful and unlawful strikes. The lawfulness of a strike may depend on the object, or purpose, of the strike, on its timing, or on the conduct of the strikers. The object, or objects, of a strike and whether the objects are lawful are matters that are not always easy to determine. Such issues often have to be decided by the National Labor Relations Board. The consequences can be severe to striking employees and struck employers, involving questions of whether employers can lawfully terminate or replace workers or whether workers have a right to return to their jobs, with reinstatement and monetary relief.
Unfair labor practice strikers defined.Employees who strike to protest an unfair labor practice committed by their employer are called unfair labor practice strikers. Such strikers can be neither discharged nor permanently replaced. When the strike ends, unfair labor practice strikers, absent serious misconduct on their part, are entitled to have their jobs back even if employees hired to do their work have to be discharged.
Economic strikers defined. If the object of a strike is to obtain from the employer some economic concession such as higher wages, shorter hours, or better working conditions, the striking employees are called economic strikers. They retain their status as employees and cannot be discharged, but they can be replaced by their employer under certain circumstances.
If the Board finds that economic strikers or unfair labor practice strikers who have made an unconditional request for reinstatement have been unlawfully denied reinstatement by their employer, the Board may award such strikers monetary relief starting at the time they should have been reinstated.
Strikes unlawful because of purpose. A strike may be unlawful because an object, or purpose, of the strike is unlawful. A strike in support of an unfair labor practice committed by a union, or one that would cause an employer to commit an unfair labor practice, may be a strike for an unlawful object. For example, it is an unfair labor practice under Section 8(a)(3) of the NLRA for an employer to discharge an employee for failure to make certain lawful payments to the union when there is no union-security agreement in effect. A strike to compel an employer to do this would be a strike for an unlawful object and, therefore, an unlawful strike.
Furthermore, Section 8(b)(4) of the Act prohibits strikes for certain objects even though the objects are not necessarily unlawful if achieved by other means. An example of this would be a strike to compel Employer A to cease doing business with Employer B. It is not unlawful for Employer A voluntarily to stop doing business with Employer B, nor is it unlawful for a union merely to request that it do so. It is, however, unlawful for the union to strike with an object of forcing the employer to do so. These points will be covered in more detail in the explanation of Section 8(b)(4). In any event, employees who participate in an unlawful strike may be discharged and are not entitled to reinstatement.
SAG-AFTRA members picket outside Paramount Studios in 2023. Members of the union were on strike between July and November during negotiations with Hollywood film and television studios. Now, the focus is on video games. Mario Tama/Getty Images hide caption
Actors and performers in the union SAG-AFTRA have declared a strike against video game companies. Starting on Friday, members of the union will stop any voice acting, motion-capture work, stunts, and more that appear in video games.
Your WGA Negotiating Committee spent the last six weeks negotiating with Netflix, Amazon, Apple, Disney, Discovery-Warner, NBC Universal, Paramount and Sony under the umbrella of the Alliance of Motion Picture and Television Producers (AMPTP).
We must now exert the maximum leverage possible to get a fair contract by withholding our labor. All WGA members are obligated to follow the strike rules. The FAQ about the strike rules includes forms to assist with notice requirements as well as contact information for Guild staff to provide additional guidance.
Writers Guild members can hear a full report from the Negotiating Committee in Los Angeles at the Shrine Auditorium at 7:00 pm PT on Wednesday May 3 (RSVP here) and in New York at Cooper Union at 7:00 pm ET (RSVP here). Members outside of Los Angeles and New York or who are otherwise unable to attend a meeting will receive information in the coming days to hear from leadership and receive information about additional ways to support the strike.
Here is what all writers know: the companies have broken this business. They have taken so much from the very people, the writers, who have made them wealthy. But what they cannot take from us is each other, our solidarity, our mutual commitment to save ourselves and this profession that we love. We had hoped to do this through reasonable conversation. Now we will do it through struggle. For the sake of our present and our future, we have been given no other choice.
IN SOLIDARITY,
Ex-Officio
Meredith Stiehm, WGAW President
Michele Mulroney, WGAW Vice President
Betsy Thomas, WGAW Secretary-Treasurer
Michael Winship, WGAE President
Lisa Takeuchi Cullen, WGAE Vice President of Film/TV/Streaming
Christopher Kyle, WGAE Secretary-Treasurer
How long will the strike last? No idea. Maybe the AMPTP members will come to their senses tomorrow and offer some meaningful concessions, and the whole thing can be wrapped up next week. I would not bet the ranch on that, however. I have been through several of these since I first started writing for television and film in 1986. The 1988 strike, the first I was a part of, lasted 22 weeks, the longest in Hollywood history. The 2007-2008 strike, the most recent, went for 100 days. This one may go longer. The issues are more important, imnsho, and I have never seen the Guild so united as it is now.
((Some of you, I fear, may be having anxiety attacks just now, on the mistaken assumption that this strike affects WINDS OF WINTER. You can relax. The WGA is a union of film and television writers. It has nothing to do with novels, short stories, or any other form of prose fiction, nor comic books and graphic novels, nor stage plays, nor the editing of collections and anthologies I have on-going projects in all those areas, and that work continues unabated. And WINDS continues to be priority number one)).
U.S. forces in Iraq today conducted a self-defense strike which killed Mushtaq Jawad Kazim al-Jawari, a leader of the Iran-backed Harakat al-Nujaba terrorist group that is operating both in Iraq and Syria, said the Pentagon press secretary.
Al-Jawari, also known as Abu Taqwa, was actively involved in planning and carrying out attacks against American personnel. Abu Taqwa, along with another member of Harakat al-Nujaba, were both killed in a strike that took place around noon, Jan. 4, in Iraq, said Air Force Maj. Gen. Pat Ryder during a briefing today.
The U.S. currently has a military presence in Iraq as part of Combined Joint Task Force Operation Inherent Resolve. The CJTF-OIR mission is to advise, assist and enable partnered forces in the defeat of ISIS within designated areas of Iraq and Syria. Inside Iraq, the U.S. works in partnership with both the Iraqi Security Forces and the Kurdish Security Forces to carry out that mission.
"U.S. forces are in Iraq at the invitation of the government of Iraq," Ryder said. "They're there for one reason, which is to support the defeat-ISIS mission. We'll continue to work very closely with our Iraqi partners when it comes to the safety and security of our forces. When those forces are threatened, just like we would anywhere else in the world, we will maintain the inherent right of self-defense to protect our forces."
"It was 10 years ago this coming summer that ISIS was approximately 24 kilometers outside of Baghdad, when we kicked off the counter-ISIS mission after they had subsumed large swaths of Syria and Iraq," Ryder said. "No one wants to see a return of ISIS ... our focus is going to continue to remain on the defeat-ISIS mission. But again, we're not going to hesitate to protect our forces if they're threatened."
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