No Strike Clause Law & Legal Definition
A no-strike clause is a provision in a collective bargaining contract in which the union promises that during the life of the contract the employees will not engage in strikes, slowdowns, or other job actions. A union often agrees to such a clause in exchange for a grievance arbitration provision.
Athough the NLRA grants employees the right to strike, not all strikes are protected. If a collective bargaining agreement contains a no-strike clause (the union agrees not to go on strike while the contract is in effect), a strike during the life of the contract would not be protected. The strikers could be fired.
The following is an example of a no-strike clause:
- During the life of this Agreement, Management agrees there shall be no lockouts or work stoppages by the employers but this shall not be construed to mean a lay-off of employees due to business conditions and the ILA agrees there shall be no strikes or work stoppages by the employees; provided, however, that this section shall be subject to the terms of the Agreements on Containerization.
- The right of the employees not to cross a bona fide picket line is recognized by Management.
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