Legal Definitions - strike

The term "strike" has several distinct meanings in a legal context, depending on whether it refers to labor relations, court procedures, or formal meetings.

• In Labor Relations: An Organized Work Stoppage

  In the context of labor, a strike refers to an organized and intentional stoppage or slowdown of work by employees. This action is typically undertaken to pressure an employer to agree to their demands, which might include higher wages, improved benefits, safer working conditions, or recognition of a union.

  • Example 1: Public Transportation Workers

    Bus drivers and subway operators, after months of unsuccessful negotiations with the city transit authority over their new contract, vote to go on a strike. They refuse to operate their routes until the city agrees to their demands for a cost-of-living wage increase and better health insurance benefits.

    Explanation: This illustrates a classic labor strike where employees collectively cease work to compel their employer (the city transit authority) to meet their demands regarding compensation and benefits.

  • Example 2: Tech Company Employees

    Employees at a large technology company organize a brief "walkout" or "sit-down strike" to protest the company's new policy on remote work, which they believe unfairly restricts their flexibility. They gather in the company's common area during working hours, refusing to return to their desks until management agrees to discuss modifying the policy.

    Explanation: This shows a strike that might be shorter or involve a slowdown rather than a complete cessation of all work, but it still represents an organized effort by employees to pressure their employer over a workplace policy.

• In Court Procedures: Removing a Juror or Evidence

  In legal proceedings, "strike" can refer to the act of removing a potential juror from a jury panel or removing specific information or testimony from the official court record.

  • Example 1: Striking a Potential Juror

    During jury selection for a criminal trial, a defense attorney uses a peremptory strike to remove a potential juror who, despite claiming impartiality, had previously worked as a police officer and expressed strong views on law enforcement.

    Explanation: Here, "strike" means to eliminate a candidate from the pool of potential jurors. A peremptory strike allows a lawyer to remove a juror without needing to provide a specific reason, within certain legal limits.

  • Example 2: Striking Testimony from the Record

    During a witness's testimony, the witness begins to offer an opinion that is not based on facts they personally observed. The opposing attorney immediately objects, and the judge sustains the objection, instructing the jury to disregard the statement and ordering that the irrelevant portion of the testimony be "stricken from the record."

    Explanation: In this context, "strike" means to officially remove or disregard a piece of evidence or testimony, ensuring it is not considered by the jury or included in the official transcript as admissible evidence.

  • Example 3: Striking Parts of a Legal Document

    A plaintiff files a lawsuit, and the defendant believes certain paragraphs in the complaint contain scandalous and irrelevant accusations that are not pertinent to the legal claims. The defendant files a motion to strike those specific paragraphs from the complaint.

    Explanation: This demonstrates "strike" as a formal request to a court to remove specific portions of a legal document, such as a pleading, because they are deemed improper, irrelevant, or prejudicial.

• In Parliamentary Law: Amending by Deletion

  In the context of parliamentary procedure (rules for conducting meetings), "strike" refers to a type of motion to amend a proposal by deleting specific words or phrases.

  • Example 1: Amending a Resolution

    During a board meeting, a proposed resolution includes the phrase "and all associated administrative fees." A board member moves to "strike" that phrase from the resolution, arguing that the fees should be covered separately.

    Explanation: Here, "strike" means to formally propose the removal of specific text from a document or motion being considered, effectively amending it by deletion.