Question

United Independent Workers of America declare its workers are going on strike against Sinclair Manufacturing. Sinclair states the collective bargaining agreement is still in force for another eight months and that it contains a no-strike clause. UIWA claims the CBA's no-strike provision is not binding since new union leadership is in place. Which of the following statements is correct?

a.UIWA cannot strike, as strikes to exert economic pressure on management are prohibited by the NLRA.
b.UIWA cannot strike unless it gives 30 days notice.
c.UIWA can strike since new leadership is now in control.
d.UIWA can strike since no-strike provisions have been ruled by the courts to be unenforceable.

Answer 1

The United Independent Workers of America cannot strike while the collective bargaining agreement's no-strike clause is in effect, and new leadership does not invalidate this provision.

Step-by-step explanation:

The United Independent Workers of America's (UIWA) claim that a no-strike provision is not binding due to new union leadership is incorrect. The legality and enforceability of no-strike clauses in collective bargaining agreements (CBA) are typically upheld unless specific exceptions are met, which are not simply the change in union leadership. Since the CBA is stated to still be in force and contains a no-strike clause, UIWA's right to strike would generally be limited by this provision until the agreement expires, barring other legal issues not stated in the scenario. It is important to note that the National Labor Relations Act (NLRA) does allow for strikes, but with certain regulations and under certain conditions. The Wagner Act and the later National Labor Relations Act (NLRB) provide federal support for unions and collective bargaining, including the right to strike unless prohibited by a valid no-strike clause in a collective bargaining agreement. Overall, the correct statement about the legality of UIWA's strike is likely that UIWA cannot strike due to the no-strike provision that is still in effect and part of the current, binding CBA.