What Is the Definition of a Labor Dispute

Strikes and work stoppages are among the most well-known and high-profile types of labour disputes – and they are becoming increasingly common. In 2018, nearly 500,000 employees were involved in labor disputes that interrupted work, the highest number since 1986. Twenty of these work stoppages were major disruptions caused by massive organized strikes. These strikes have disrupted jobs across the country, but they have also helped raise the wages of thousands of workers. Three of the biggest labor disputes in 2018 were teachers` strikes in Arizona, Oklahoma and West Virginia. In Arizona, the Statehouse approved a 20% increase. Striking Oklahoma teachers didn`t get back to work until lawmakers approved an additional $479 million in funding for schools, and West Virginia teachers received a 5 percent raise and significant health insurance concessions. [5] A labour dispute is a controversy between an employer and its employees about the terms and conditions of employment or the association or representation of those who wish to negotiate or negotiate the terms and conditions of employment. Legal standards also prevent labour strikes from dragging on beyond the right time for resolution. For example, in the case of Florsheim Shoe Store Co.c. Retail Shoe Salesmen`s Union, workers who wanted to unionize were courted by two unions competing for membership. Eventually, employees and management were able to resolve the dispute.

However, a rival union maintained a picket line in the Florsheim store to force workers to join their ranks, even though the workers had already organized under another union. The courts that heard the case concluded that the dispute between the union and management ended once the Florsheim workers had organized under a licensed union and the competing union had violated labour law by continuing to strike. [10] Workers who strike to protest unfair labour practices recognized by the National Labour Relations Law, on the other hand, are considered unfair labour practices strikers. Employers are prohibited by law from permanently replacing strikers who are victims of unfair labour practices and are entitled to unconditional reinstatement. They can only be replaced by temporary workers. Therefore, after the end of the strike, all workers hired temporarily during the strike are usually dismissed. Sympathetic strikers – unaffected workers who strike in solidarity with other affected workers – are also protected from permanent replacement. However, if a striking employee mocks or threatens workers who cross the picket line, the striking worker may lose the right to re-enter the labour market. [11] If arbitration is not possible or fails, a labour dispute may be transferred to an administrative tribunal. In an administrative decision, the parties authorize the National Labour Relations Board or other competent government agency to create a final remedy to resolve a labour dispute. When disputes between the parties cannot be resolved, they often end up in court.

A lawsuit is an important legal mechanism that employees have used to prevent unfair labor practices and resolve labor disputes. For workplace issues that span an entire company or industry, employees can resort to a class action lawsuit. [15] However, in most cases, labour disputes are resolved outside the courtroom through alternative dispute resolution mechanisms such as arbitration and administrative decisions. One of the main causes of labour disputes is disagreement over wage expectations. Compensation is the perceived value of an employee`s work. The organization and the employee may have different expectations or assessments of compensation, which often leads to labour disputes. In summary, there are many causes of industrial action. If employees or managers have a problem, it must be resolved as quickly as possible. Otherwise, the organization runs the risk of industrial action. When a labour dispute arises, the union and the employer meet to negotiate a solution. The National Labour Relations Act encourages employers and employees to work together to find a compromised solution.

However, trade union action can escalate if the parties reach an impasse. In the impasse, both sides agree that further discussions would be useless as they cannot find a voluntary solution. .