Strikes are ubiquitous these days, and employers should be prepared for them with contingency plans. Employers should know, though, that the National Labor Relations Act (NLRA) limits when private employees may strike. Other laws prohibit some public employees, such as federal workers, from striking.
"For private entities, strikes practically never happen out of the blue," said Amber Rogers, an attorney with Hunton Andrews Kurth in Dallas and Houston. "This is because employees do not have an absolute right to strike."
The most common situation for employees to lawfully strike is when an employer and a union can't agree on the terms of a collective bargaining agreement, which often results in a so-called economic strike, Rogers said. Another common scenario for a lawful strike is an unfair labor practice strike.
Limitations on the right to strike also depend on a strike's purpose, tactics used in the strike and timing. The threat of strikes is greater at private entities than public ones.
Private entities are "vulnerable to strikes and should have a plan for if and when they are involved," Rogers said. Many collective bargaining agreements must be renegotiated in 2023, she noted, which is apparent in the automotive, entertainment and health care industries.
A dozen states permit state employees to strike, although with some limitations.
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