Jurisdictional strike
Encyclopedia
Labor unions
use the term jurisdiction to refer to their claims to represent workers who perform a certain type of work and the right of their members to perform such work. A jurisdictional strike is a term in United States
labor law that refers to a concerted refusal to work undertaken by a union
to assert its members' right to particular job assignments and to protest the assignment of disputed work to members of another union or to unorganized workers. The Taft-Hartley amendments
to the National Labor Relations Act
empowered the National Labor Relations Board
to resolve such jurisdictional disputes and authorized the General Counsel of the NLRB to seek an injunction
barring such strikes. The NLRB, almost without exception, resolves jurisdictional disputes on the basis of the employer's preference in assigning work, with efficiency, custom and practice, and contractual obligations playing at most a secondary role.
Jurisdictional strikes occur most frequently in the United States in the construction industry. Construction unions frequently resolve those disputes through a privately created adjustment system.
In Australia jurisdiction strikes are called demarcation disputes.
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
use the term jurisdiction to refer to their claims to represent workers who perform a certain type of work and the right of their members to perform such work. A jurisdictional strike is a term in United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
labor law that refers to a concerted refusal to work undertaken by a union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
to assert its members' right to particular job assignments and to protest the assignment of disputed work to members of another union or to unorganized workers. The Taft-Hartley amendments
Taft-Hartley Act
The Labor–Management Relations Act is a United States federal law that monitors the activities and power of labor unions. The act, still effective, was sponsored by Senator Robert Taft and Representative Fred A. Hartley, Jr. and became law by overriding U.S. President Harry S...
to the National Labor Relations Act
National Labor Relations Act
The National Labor Relations Act or Wagner Act , is a 1935 United States federal law that limits the means with which employers may react to workers in the private sector who create labor unions , engage in collective bargaining, and take part in strikes and other forms of concerted activity in...
empowered the National Labor Relations Board
National Labor Relations Board
The National Labor Relations Board is an independent agency of the United States government charged with conducting elections for labor union representation and with investigating and remedying unfair labor practices. Unfair labor practices may involve union-related situations or instances of...
to resolve such jurisdictional disputes and authorized the General Counsel of the NLRB to seek an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
barring such strikes. The NLRB, almost without exception, resolves jurisdictional disputes on the basis of the employer's preference in assigning work, with efficiency, custom and practice, and contractual obligations playing at most a secondary role.
Jurisdictional strikes occur most frequently in the United States in the construction industry. Construction unions frequently resolve those disputes through a privately created adjustment system.
In Australia jurisdiction strikes are called demarcation disputes.
See also
- Jurisdiction