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Legal Definitions - outlaw strike
Definition of outlaw strike
An outlaw strike, also commonly referred to as a wildcat strike, occurs when a group of employees stops working without the official authorization or approval of their labor union. These strikes often take place in violation of an existing collective bargaining agreement, which typically includes a "no-strike" clause, or in defiance of labor laws that require specific procedures before a strike can occur. Because they are not sanctioned by the union, workers participating in an outlaw strike may face disciplinary action from their employer, and the union itself may not offer support or protection.
Example 1: Manufacturing Plant Walkout
Workers on the assembly line at a car manufacturing plant suddenly walk off the job, protesting a recent change in production quotas that they believe makes their work unsafe. Their union, which has a collective bargaining agreement with the company that includes a "no-strike" clause, was not consulted and did not authorize the walkout. The union leadership is actively trying to negotiate with management to address the safety concerns through established grievance procedures, but the workers decided to take immediate, unauthorized action.
This illustrates an outlaw strike because the workers initiated a work stoppage without the approval of their union and in direct violation of the existing "no-strike" clause in their contract.
Example 2: Public Transit Sickout
A significant number of city bus drivers call in sick on the same day, effectively halting public transportation services during rush hour. Their union is currently in contract negotiations with the city, but no official strike vote has been taken, and the union leadership has not authorized any work stoppage. Public sector strikes often have specific legal restrictions, and the drivers' coordinated "sickout" is a tactic to pressure the city outside of the approved negotiation process.
This is an outlaw strike because the drivers engaged in a concerted work stoppage without their union's authorization, potentially violating labor laws specific to public employees and undermining the ongoing, authorized negotiation process.
Example 3: Retail Store Protest
Employees at a large supermarket chain spontaneously refuse to perform their duties, such as stocking shelves or operating cash registers, after a popular long-term manager is abruptly fired without explanation. While many of these employees are union members, their union representatives were not informed of the protest and had not sanctioned any strike action, instead planning to file a formal grievance regarding the manager's termination. The employees felt the union's process was too slow and took immediate, independent action.
This demonstrates an outlaw strike as the employees engaged in a work stoppage independently of their union's strategy and without official union authorization, even though the union was pursuing a different, authorized course of action.
Simple Definition
An outlaw strike, also known as a wildcat strike, is a work stoppage initiated by employees without the authorization or approval of their union. Such a strike typically violates the terms of an existing collective bargaining agreement, making it unlawful under labor law.