Abstract:
Strikes are one of the ways in which conflicts between employers and employees become known. Although they are rare, the effects of strikes are usually major and can affect the involved parties and public for a long time. Usually, strikes are usually a last resort measure when trying to solve conflicts and are considered the most damaging to employers. Employers will therefore try to avoid strikes as much as possible opting for alternative conflict resolution measures that are less damaging to their interests such as mediation and conciliation (Gennard, Judge, Tony, & Richard, 2016).
This paper will discuss conflicts in the workplace in general and focus particularly on strikes. The paper will discuss the various types of strikes such as general, wildcat, sympathy and jurisdictional strikes. The paper will also discuss the various forms of strikes such as work boycotts, picketing, sit-downs, and work-ins. The causes of strikes will also be addressed including economic, environmental, and unfair labor practices. Finally, the paper will discuss the advantages and disadvantages of strikes to employers, employees and the public.
Conflicts in general
Conflicts are bound to arise where people interact. This occurs in all spheres of life. Conflicts occur because people have different views towards different things. This is especially true in the workplace. The employer will have an expectation of employees while the same is also true for employees towards their employers. Conflicts are good because they help to ensure the other considers that one group’s views. However, conflicts can turn out to be negative if they are not resolved appropriately. There are many ways to solve conflicts. Most of these will include negotiations between the conflicting parties in order to come up with a middle ground that is acceptable to all parties involved in the conflict.
Conflicts in the workplace can arise for any number of reasons. They can be economic related conflicts or related to working conditions. The causes of conflicts will usually determine the way the conflict is solved. Conflicts in the workplace have always existed. Usually, they are resolved before they get out of control. When conflicts occur, the parties involved will usually engage in negotiations to solve the conflict. Usually, the employer will want to maintain the status quo. This is because they have been benefiting from the current practices. When the employer is unwilling to cede their position, employees might decide to engage in a strike (Gennard, Judge, Tony, & Richard, 2016).
A strike is defined as the temporary stoppage of work with an intention to forcing the employer to agree with employee demands. The strike is designed to force economic damages to an employer so that they can try to resolve the issue at hand before the economic losses become too much. Strikes are however rare and are mostly used as a method of last resort to force an employer to agree with employees. The first recorded instance of a strike was recorded in ancient Egypt where builders of a temple went on strike because they had not been paid. The result of this particular strike was that their wages were increased. Strikes became more prominent during the industrial revolution when mass labor was needed to produce goods for the market. Before the industrial revolution, most of production was based on cottage industries where trades were usually in the family. The industrial revolution led to the development of a large working class population who provided the labor needed to produce goods in factories.
Types of strikes
There are different types of strikes. The types are determined by how they are started. Many workers belong to labor unions. Labor unions are collectives of workers in the same industry. This means that the objectives of the labor unions in general represent the objectives of the individual members of the union (Gennard, Judge, Tony, & Richard, 2016). One of the major responsibilities of a labor union is to negotiate on behalf of its members. An individual employee might not have the power to negotiate directly with their employer. Even in cases where the employee is in a position to negotiate with their employer, they will usually not have the power to force the employer to consider their demands. A labor union being a collective of many workers has the power to force the employer to consider their demands (Gennard, Judge, Tony, & Richard, 2016).
According to Kang (2012), when conflicts arise in the workplace, negotiations take place between the employer and the employees. During these negotiations, the employer will have their position and employees will have their position. These positions are usually divergent and need to be reconciled before the conflict can be resolved. When this happens, a collective bargaining agreement is used to solve the problems. Usually, the employees will be represented by their labor union in the negotiations. A collective bargaining agreement seeks to solve the conflict by bringing the demands of both sides to a middle position, which is acceptable to both sides. In most cases, this is resolved by negotiations alone. However, in some cases, negotiations alone might not work. Employers will often have some conditions that they consider mandatory and employees may have conditions that they consider mandatory. If the opposite party does not meet any of these conditions, a collective bargaining agreement cannot be reached. This means that the conflict cannot be resolved (Deb, 2009).
In such instances, the labor union can call for a strike for its members. Such a strike is usually referred to as a general strike. A general strike is a strike called by a labor union representing employees in a certain industry. Depending on the nature of the union, it can affect a whole industry in one region or across a whole country. A general strike is usually sanctioned by a labor union and is usually convened as a last resort (Gennard, Judge, Tony, & Richard, 2016). This means that the employer will be aware that they face a strike from employees. Law in most countries usually protects general strikes sanctioned by labor unions. They are seen as a right to workers and a form of demanding for better terms from their employers. A general strike is therefore lawful and law protects the workers. The employer is forced to negotiate with the employees since they cannot fire or replace them as long as the strike is lawful (Deb, 2009).
Before a general strike occurs, the labor union must have exhausted other means of negotiations to solve the conflict. The employer will therefore have been engaged with the union and when an agreement is not forthcoming, the employer will be aware that a strike is impeding. The law in many countries requires that labor unions give the employers a strike notice usually twenty-one days before the strike can commence. In some countries, the employer and the labor union can negotiate on the terms of the strike. For example, the period of the strike can be predetermined. After the period expires, the employees will be expected to work. This makes it possible for an employer to make mitigating measures before the strike in order to minimize economic damage during the duration of the strike (Aswathappa, 2013).
According to Tomal & Schilling (2013) apart from general strikes, there are other strikes known as wildcat strikes. These are usually spontaneous, are not sanctioned by labor unions, and are mostly considered unlawful. During wildcat strikes, the employer will usually have little warning before the strike occurs. This means that they have little time to take mitigating measures and can therefore have very negative effects for the employer. However, since the law does not sanction most wildcat strikes, the employees are not protected and employers can take measures such as firing and replacing striking employees. However, wildcat strikes are also likely to end much quicker than general strikes (Tomal & Schilling, 2013).
A third form of strikes is usually a sympathy strike. This occurs where employees not directly involved in a conflict strike in solidarity with employees involved directly in the conflict. This form of strike is taken in order to increase pressure on the employer involved in the conflict to resolve the issue as quickly as possible. For example, employers of employees involved in a sympathy strike will increase pressure on the affected employer in order to solve the issue quickly (Bohlander & Snell, 2010). Many sympathy strikes are usually sanctioned by labor unions and are therefore protected by law. Employees demanding to be allowed to perform certain tasks usually carry out jurisdictional strikes. Usually, performing these tasks will result in better wages. For example, garbage collectors can strike demanding to be allowed to operate in a certain area in a city. This will mean that they will earn more for their work. Jurisdictional strikes are usually sanctioned by labor unions and can therefore be considered to be protected by law (Bohlander & Snell, 2010).
Forms of strikes
Strikes will usually come in different forms. The form of a strike will be dependent on many factors such as the reason for the strike. The most common forms of strikes include boycotts, sit-downs, work-in/work to rule and picketing. Boycotts usually involve employees downing their tools completely. During a boycott, workers will cease to perform all tasks related to their job. They will also not turn up at their places of work. During a boycott, production is likely to stop completely. Another form of strikes is a sit-down (Aquinas, 2010). This is where employees still report to work but refuse to work. A work-in is a form of strike where workers will report to work and continue to work normally but often without pay. This is done in order to show their importance to the employer. A work to rule strike is a form of strike where employees will turn up to work but work only to the minimum requirements of their job. Employees usually carry out this form of strike in order to highlight problems with their working conditions. Many employee contracts contain minimum requirements that the employee must fulfill (Aquinas, 2010).
However, during the course of their work, employees will often have to go over and above the minimum requirements in order to fulfill their jobs. In many countries for example, a construction company is required by law to provide safety equipment to employees at no extra cost to the employee. In some cases, all the safety equipment is not available forcing the employees to improvise. A work to rule strike can be used in such an instance in order to highlight the lack of safety equipment to the employer. The employees will perform all the tasks where the right equipment and tools are available but fail to perform the tasks where some of the equipment or tools are missing. Picketing is another form of strike where employees usually gather outside their employer’s premises and demand to be addressed by the employer.
Causes of strikes
As mentioned earlier, strikes usually happen as a method of last resort towards solving a conflict. This happens after an agreement between the workers and the employer fails to be reached. Strikes are therefore results of failure to solve conflicts in the workplace. The causes of the strike can therefore be linked to the cause of the conflict. The main reasons for strikes are usually economic, unfair labor practices and environment factors. Economic factors occur when employers and employees are in disagreement over wages and other benefits to the workers (Klaveren, Gregory, & Schulten, 2015). In such instances, employees will often demand for better terms from their employers. When employees demand better terms, it usually means additional costs for the employers. Naturally, the employers will try to resist the demands. The resistance to these demands is not a failure to acknowledge that the employees need better terms. On the contrary, most of the resistance by employers is usually done in order to lower the demands so that the employer can meet them without suffering economic damages. This usually forces the conflicting parties to negotiate and come to a middle ground that is acceptable for both parties (Klaveren, Gregory, & Schulten, 2015).
Noe (2013) writes that in cases where the middle ground is not reached, the conflict can escalate into a strike. Unfair labor practices can also cause conflicts in the work place. When not resolved, they can also escalate into strikes. Like the example used in the construction industry, construction workers can strike if they are not provided with safety equipment and tools needed for their work. Other unfair labor practices can involve discrimination and harassment among many others. If the employer is not willing to correct the situation even after negotiations have taken place, employees can resort to a strike (Noe, 2013). Environmental factors can also result into strikes. Strikes because of environmental factors are mostly recent affairs. Many industries have by products that can be harmful to the environment. The law in most countries requires the company to take measures to mitigate damage to the environment. However, the law is usually dated and is not able to keep up with the situation on the ground. Employees of an industry are also likely to live near the industry and therefore will be affected by any negative effects of their industry to the environment. They can therefore strike in an attempt the employer to remedy the situation (Klaveren, Gregory, & Schulten, 2015).
Justification of strikes
Strikes are legal in many countries as long as a certain procedure is followed and certain conditions are met. However, it is important to note that strikes are illegal in certain countries. Even in countries where strikes are legal, there are some sensitive professions where strikes may be considered illegal. For instance, disciplined forces such as police and military are not allowed to strike in most countries. Strikes are usually a measure of last resort where other negotiation measures have failed. Strikes are usually carried out in order to affect the economic position of the employer negatively in order to force them to negotiate with the striking workers. In some cases, strikes will affect the public. For example, a strike by employees of a metro system in a busy city will cause inconveniences for all residents of the city. The effects of the strike will usually force the employer to address the workers’ demands quickly in order to minimize negative effects to their businesses or inconveniences to the general public (Dessler, 2013).
Advantages and disadvantages of strikes to various stakeholders
There are advantages and disadvantages of strikes to all the involved parties. Usually, an advantage to one party is considered as a disadvantage to the other party. Employees are the biggest beneficiaries of strikes. During negotiations with employers, employees are aware that the threat of a strike is a strong hand. Strikes are therefore responsible for ensuring that employees are able to negotiate with their employers without conceding too much ground. Strikes have been responsible for helping employees to get better terms of employment for employees in terms of wages and benefits for a long time. Strikes have also been responsible for making working conditions for employees better for a long time. However, striking workers might find themselves disadvantaged especially if they take part in unprotected strikes. For example, in the United States, economic strikes although protected by law allow the employer to replace the striking worker although they cannot fire them. The striking worker then has to wait until a vacancy arises in the company when they can resume work (Deb, 2009).
Although employers seem to be highly disadvantaged by strikes, they have also benefited from strikes for a long time. Strikes are usually most effective where mass labor is required to produce a product or offer a service. Measures taken by employers to mitigate the effects of a strike can be used to help their strategy to reduce reliance on labor. For example, many employers have discovered redundant positions in factories during strikes. This can happen when some employees fill in for striking workers. Strikes have also forced innovation for employers. An employer may be forced to automate some tasks in order to be less dependent on labor. This can turn out to be beneficial to the employer in the end. However, the employer is also at a disadvantage. If a conflict resorts to a strike, the employer faces economic damages due to lost production and to the improved terms for the workers (Bohlander & Snell, 2010).
The public might benefit from a strike in one industry although it does not directly affect them. For instance, a strike can lead to improved terms of engagement across multiple industries. A strike can raise an issue into the limelight such as the minimum wage. If one strike is successful in pushing for an increase in the minimum wage in one industry, the changes can affect other industries. The public can also be negatively affected by strikes. This usually happens when the strike affects crucial services. A strike by health workers is likely to affect the public negatively as they will be unable to access health services.
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