Questions & Answers about Strikes
 

Labor relations for public employees are governed under state law (Public Employment Relations Act [PERA] AS 23.40) and overseen by the Alaska Labor Relations Agency (ALRA). There are few clear strike guidelines under PERA, however, the ALRA has mirrored the federal law, National Labor Relations Act (NLRA). There is precedent under the NLRA for guidelines under a strike, and it is very likely the ALRA will use the NLRA for decisions that may present themselves. Many of the following answers are predicated on this assumption.

Procedural Questions

Q: When can you actually strike?

A: When the contract is in full force and effect, we work under a No Strike/No Lockout provision. This means that we cannot strike and the Employer cannot lock us out of our jobs. After the contract’s expiration, we continue under its terms and conditions while we are bargaining. If the parties reach impasse, the Employer may impose its last best offer and the Union may strike. This is referred to as an economic strike.

Q: What is impasse? How is it arrived at?

A: Impasse is reached when the parties are deadlocked. No further movement on the positions is possible. The parties may mutually agree they are at impasse or the Alaska Labor Relations Agency could find the parties are at impasse pursuant to the filing of an Unfair Labor Practice (ULP). If impasse is declared by the ALRA, the Employer may impose its last best offer and the members can either accept the imposition as their contract or they can strike.

Q: Who will call for the strike vote?

A: Your elected officials; those members of the Union you have elected to represent your interests on the State Executive Board will make the decision to call for a strike voted based on the recommendation of your elected negotiating committee and the Business Manager/Chief Spokesperson. These decisions are influenced by input of the membership, through local chapters and individual calls of action.

The ASEA/AFSCME Local 52 Constitution provides:

Article 12.04: Should members vote to strike, the contract negotiating committee shall participate in the leadership and coordination of strike activities by working closely with the ASEA/AFSCME Local 52 State Executive Board, the Strike Trust Fund trustees, the rest of the bargaining committee, and the ASEA/AFSCME Local 52 Business Manager, in addition to utilizing AFSCME resources, to ensure the fullest member participation.

This clearly involves the Bargaining Team (CNC) in the process, along with the State Executive Board and the Chapters.

Q: How many people have to vote yes to call a strike?

A: The law requires that a majority of the bargaining unit vote yes to authorize a strike (AS 23.40.200 (3)(d). Every non-vote is a no vote.

Q: Do we have to provide notice to the Employer of the date we intend to strike before going out on strike?

A: No, we don’t need to notify the Employer that, on a specific date, we intend to strike. It may be to our benefit strategically to inform the employer of our intentions in order to compel it to bargain. Hospital employees are required to give the Employer notice under the NLRA, but that is an exception.

(Note: 2003 law passed requiring teachers to give 72-hour notice of strike.)

Who Gets to Vote on the Strike?

Q: Who gets to vote on an authorization for Strike?

A: The law states that all members (including agency members) of the bargaining unit vote on a strike(A.S. 23.40.200d). Tbose who may engage in a strike is determined by Class designation.

Q: Who determines who is Class One, Two and Three?

A: A.S. 23.40 (PERA) defines:

• Class One (1) employees are composed of police and fire protection employees, jail, prison, and other correctional institution employees, and hospital employees. Employees in this class shall not engage in strikes.
• Class Two (2) employees are composed of public utility, snow removal, sanitation, and educational institution employees other than employees of a school district, a regional educational attendance area, or the state boarding school. Class Two (2) employees have a limited right to strike. Employees in this class may engage in a strike after mediation, subject to the voting requirement of (d) of this section, for a limited time. The limit is determined by the interests of the health, safety, or welfare of the public. The public employer or the labor relations agency may apply to the superior court in the judicial district in which the strike is occurring for an order enjoining the strike.
• Class Three (3) employees are all other public employees who are not included in the class one or two status. Class Three (3) employees have an unlimited right to strike.

The Alaska Labor Relations Agency is the final determiner of class status. If you have a question about your class, contact your union office. One easy determiner is the Wage scale that you are paid under. If you are on the Class One (1) wage schedule, it could be argued that the parties have acquiesced to your Class One (1) Status. If you are on the Class Two/Three (2/3) wage schedule, it could be argued that the parties have acquiesced to your Class Two/Three (2/3) status.

Q: Will a person on Seasonal Leave Without Pay vote on the strike?

A: Class Two/Three employees on Seasonal Leave Without Pay are members of the bargaining unit and are thus entitled to vote on a strike.

Strategy Questions

Q: When can a strike be called?

A: A strike can be called only after a legal strike vote has been taken. The only restrictions are that the vote be by secret ballot and that members be given an opportunity to vote. Note: When the contract is in full force and effect, we work under a No Strike/No Lockout provision; the current GGU contract remains in effect until June 30, 2004..

Q: If we authorize a strike does that mean we have to go out on strike?

A: No, sometimes the threat of a strike through a solid strike vote is enough to break the deadlocked bargaining positions. The goal is to reach agreement. The authorization to strike is a tool to reach agreement. If it is effective, there is no need to strike. If it is not effective, then other job actions will continue and a strike may be necessary.

Employee Rights/Protections in an Economic Strike

Q: Can the State terminate me for striking?

A: No. Employers may not terminate workers for striking. Firing striking workers is illegal. However, you can be permanently replaced (see discussion of replacement below).

Q: Is there anything relating to a strike for which I can be fired?

A: Yes, you can be fired for extreme strike misconduct, including but not limited to physical misconduct including serious harm to persons or property.

Q: Can I be fired for not striking?

A: No. Just as it is a worker’s legal right to strike, it is a worker’s legal right to refrain from striking. However, the Union may impose discipline, including fines, on members who cross a picket line. Most employers usually do not allow any workers into the employers premises during a strike.

Q: Can I be terminated for striking if I am on probation?

A: No, a probationary employee cannot be terminated for striking. Upon return to work you would complete your probationary period.

Q: What can the State do to me?

A: In an economic strike (a strike over wages and/or working conditions) the Employer can permanently replace you. This means that it may hire another person to continue its operations. It does not have to displace that new worker when the strike is over, but when it has a vacancy, it must recall striking workers. If you have not been replaced, you are entitled to reinstatement; however, you must offer to return before the obligation to reinstate exists.

Q: How can I get my job back if I have been replaced?

A: A strike settlement package or amnesty agreement would be negotiated along with the bargaining agreement. This strike settlement package would normally include an immunity clause guaranteeing all workers the right to immediately return to their jobs. Amnesty agreements also may include back pay.

How does Striking Affect my Benefits and Status?

Q: Can I lose my vacation pay, my credit towards permanent status (if I am probationary), my retirement standing (including my position in a 20-year retirement system) or my seniority if I strike?

A: No. Once the strike is over and you return to work, you will return to where you left off. The Employer cannot remove accrued benefits or deny benefits solely because of a strike. However, if you are in leave without pay status, your accrual of leave, merit anniversary date and retirement dates may be advanced according to the leave administration rules for the period of time without pay as would be the practice with any leave without pay.

Q: Will I lose my health insurance during a strike?

A: If you go on strike on the second day of the month or later, your insurance continues to the end of the month. If a strike continues past the first day of the following month, you may have to pay the Employer’s contribution under COBRA in order to maintain your benefits. Any time you are not in pay status you still have to pay the employees contribution. The Health Trust will be discussing this issue at their April meeting; we have forwarded this and other questions relating to continued Health Insurance in the event of a strike for their review and response.

Q: If I am on sick leave or Family Medical Leave during a strike, do I continue my leave?

A: If you are on approved sick leave or approved Family Medical Leave you should continue on leave even during a strike. However, if your need for sick leave or FMLA ends during a strike, you would be required to return to work or be considered to be on strike. If you are observed on the picket line, you might jeopardize your standing on sick/FMLA leave. There is no guarantee the Employer would comply. The Union will fight vigorously any reductions in pay or benefits which may be imposed as a result of a strike. In addition, it is common for a return to work agreement to include items such as back pay and benefits.

Q: Does the same right apply to annual leave?

A: No, the Employer may cancel all annual leave and, if it can contact you, may insist that you return to work.

Unfair Labor Practice and Striking

Q: How is an Unfair Labor Practice strike different from an economic strike?

A: A strike over an Unfair Labor Practice has more protections for the members. The Employer can replace you, but only temporarily. As soon as the strike is over, it must displace the replacement worker and allow you to return. Back pay is also often granted in an Unfair Labor Practice strike. There is a five (5) day rule as a reasonable amount of time to reinstate strikers who have offered to return to work.

Q: What resources are available if we strike?

A: The Union has a Bargaining and Strike Account that enables the Union to organize for a strike. The Bargaining and Strike Account does not contain enough money to continue payroll through a strike (average payroll for 7,200 members for a one-week strike is four and one half [4.5] million dollars, and the Union’s Strike Account contains approximately one million dollars). The Union can set up resources to help members acquire needed food or other essentials. The Union can assist members in requesting extensions on payments. AFSCME professional strike organizers will assist us.

Q: What can I do to prepare myself for a strike?

A: You can:

• cash in 37.5 hours leave and put it in the bank;
• stock up on canned and frozen goods;
• contact your lending agencies and explain the situation.
• participate in one of the Unions’ strike committees

Q: How long will a strike last?

A: No one can tell you how long a strike would last. However, the more people who go out on strike, the more effective it will be and the sooner it will have the desired impact.

Q: Will negotiations continue while we are on strike?

A: Yes, negotiations normally continue during the strike. Sometimes a mediator is called in during a strike to help in reaching agreement. The purpose of the strike is to convince the Employer that it cannot effectively continue its operations unless and until it improves its offer. The strike will be settled when the parties reach agreement on an improved contract given the new understanding of the balance of power. A strike is lost if the Employer can continue operations without your labor (either through replacement workers or other bargaining unit members) and is able to not bend in its positions.

Glossary of Terms

Concerted Activity - action by workers designed to better their wages, hours, and working conditions. By and large, such activities are protected by the National Labor Relations Act as well as state labor relations acts.

Economic Strike - a strike over economic issues such as wages, hours, and working conditions.

Lockout - Whereas the strike is the union's last resort, the lockout is the employer's. The lockout generally implies the temporary withholding of work, by means of shutting down the operation or plant, from a group of workers in order to bring pressure on them to accept the employer's terms.

Primary Strike or Primary Picketing - It is a primary strike or picket if it is against the employer with whom the union has disputes. Employees engaged in a primary strike against their employer for a new collective bargaining agreement are engaged in protected concerted activity and may not be discharged for striking.

Unfair Labor Practice Strike - a strike over the Employer’s unfair labor practices.

Unprotected - If an activity is unprotected, albeit concerted, there is no legal protection against discharge or replacement of those engaged in the activity.

Secondary Strikes - are illegal and prohibited. Secondary strikes occur when employees of another employer stop work in support of a primary strike.

Strikes in breach of a no-strike clause - are concerted but unprotected activity. Unprotected activity means that there is no legal protection for the activity. Normally a no strike clause is negotiated in exchange for binding arbitration. The general rule is that, if you can arbitrate it, you can’t strike over it.

Strikes in support of a bargaining demand that is not a mandatory subject of bargaining - are unlawful (for example, the Union could not strike solely on Article 17, Classification, as the courts have ruled that classification is a permissive, not mandatory, subject of bargaining.)

Strike Settlement Agreements - usually cover re-employment of strikers and payment of benefits for the strike period. Permissive subjects during a strike settlement agreement include recall rights for replaced economic strikers and waiver of discipline for strike misconduct.

Sympathy Strikers -

•  Are non-bargaining unit employees of the same employer who respect a picket line of the striking bargaining unit, or
• employees of another employer who respect the picket line.
• Protection for Sympathy Strikers mirrors the protection for primary strikers:
•  ULP sympathy strikers cannot be permanently replaced.
•  If it is an unlawful strike, and therefore unprotected, the sympathy strikers would be subject to discharge.
•  Economic sympathy strikers can be permanently or temporarily displaced - as necessary for the employer to continue operation.