- Find Attorney
A wildcat strike is a work stoppage that occurs during the term of a collective bargaining agreement without approval of union leadership and in violation of a no-strike clause. Such strikes generally occur because
Despite its statutory recognition of the right to strike, the federal Taft-Hartley Act prohibits some types of concerted pressure. Individuals who participate in wildcat strikes are engaged in unprotected activity and may be subject to employer discipline. Discipline imposed against wildcat strikers must be nondiscriminatory. The employer may, however, single out instigators for harsher discipline than is imposed against other participants.
Union stewards and officers may not be given harsher discipline than other wildcat strikers, unless:
An employer may seek an injunction against a wildcat strike, but an injunction will be issued only if the employer is willing to arbitrate the underlying dispute.