Schramm, Leroy H.
April 1978
Industrial & Labor Relations Review;Apr78, Vol. 31 Issue 3, p322
Academic Journal
The question of whether government employees may legally be replaced when they strike is complicated by the variation in state laws governing not only the right to strike but also the ‘section 7 right’ to engage in concerted activities and the provision of tenure and civil service protection. Through an examination of state statutes and the major cases interpreting those statutes, this study concludes that strikers in the public sector can often be replaced, and sometimes summarily dismissed, even under laws providing the right to strike, unless those laws include section 7 and civil service or tenure rights.


Related Articles

  • Unions' right to strike is critical. Price, Susan // Green Left Weekly;2/29/2012, Issue 912, p6 

    The author discusses the proposal of Len Cooper, secretary of the Victorian Telecommunications Division of the Communications, Electrical and Plumbing Union, to campaign on the right to strike in Australia. She believes that Australian unions have been unsuccessful to secure the fundamental...

  • Las consecuencias del ejercicio del derecho de huelga sobre el devengo de prestaciones de la Seguridad Social. Toscani Giménez, Daniel // Capital Humano;sep2015, Vol. 28 Issue 301, p114 

    No abstract available.

  • The Right to Strike in the Public Sector. Bers, Melvin K. // Labor Law Journal;Aug70, Vol. 21 Issue 8, p482 

    This article comments on the proposed legalization of strikes by public employees in the U.S. This proposal should hinge on an assessment of the practical consequences of rescinding the bans in terms of, for example, the incidence of strikes, the balance of bargaining power, and the ultimate...

  • Can Public Employees Be Given the Right to Strike? Burton Jr., John F. // Labor Law Journal;Aug70, Vol. 21 Issue 8, p472 

    This article discusses several questions concerning public sector employment relations in the U.S. One of these questions is: Should public employees be given the right to strike? The predominant response to this question is no. The dominant reason seems to consist of four parts: there is a...

  • The Right to Strike: Concerted Activity Under the Taft-Hartley Act. Jennings, John Paul // California Law Review;Mar1952, Vol. 40 Issue 1, p12 

    Argues that the U.S. Taft-Hartley Act regulates extensively and constitutionally the right to strike. Prohibitions of the Act; Criticisms of the law; Decision of the U.S. Supreme Court in 1949.

  • IN DEFENCE OF THE RIGHT TO STRIKE. Yates, Charlotte A. B. // University of New Brunswick Law Journal;Mar2009, Vol. 59, p128 

    The article focuses on the issues concerning the agreement signed between the Canadian Autoworkers (CAW) and Magna International in Canada. It states that CAW has agreed to gave up its right to strike in exchange for the opportunity for Magna employees to vote to join the CAW unimpeded by their...

  • SENATE AGAINST STRIKES.  // America;6/1/1946, Vol. 75 Issue 9, p174 

    The author speculates that the U.S. Senate will pass some anti-strike legislation regardless of the outcome of industrial disputes. The author notes the failure of the Smith-Connally Act, which was supposed to prevent strikes in the war industries. The author expresses doubt whether any law...

  • Strike Laws in Spain.  // America;6/12/1909, Vol. 1 Issue 9, p227 

    The article reports on the law signed by King Alfonso XIII of Spain regarding strikes and lockouts. The law emphasizes the stipulation to give notice regarding the scheduled strike to civil authorities at least 8 days in advance without restricting the workers' right to cease work. This mandate...

  • Untitled. Gilbert, Helen // Personnel Today;10/21/2008, p75 

    The article offers information on the protests made by public and civil services workers to fight below-inflation pay offers in Great Britain. It mentions that members of the public and commercial services union protested on the government's 2% public sector pay cap. Of the 91,749 members who...


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics