How to Strike (and Win)

Strikes are on the rise. Earlier today, Major League Baseball and the Players’ Union reached a (tentative) agreement for the 2022 season – just 99 days of intense lockout. Meanwhile, in Minneapolis, teachers have been on strike for the third day in a bid to secure smaller class sizes and higher wages.

A strike is the most powerful source of direct action that workers have, but there are many risks and uncertainties to consider before embarking on one. Much goes into the preparation and, ultimately, the actual execution of the strike. If your union or your workplace is considering such a course of action, here are a few key reminders and tips to help you succeed.

How strikes work: an overview

Whatever image strikes you have in mind, know that it is more than symbolic protests or occasional work stoppages. Often the last resort in the process of negotiating a better deal, strikes are the wholesale withdrawal of workers from work in order to obtain concessions from their employer.

Circumstances leading to a strike usually fall into one of two categories: (1) a strike related to unfair labor practices, such as a refusal to acknowledge that workers have formed a union; or (2) an economic strike, where workers haggle over higher wages and benefits and fail to reach an acceptable agreement through negotiations.

After years of decline, the number of striking workers in the US is on the rise, hitting record highs in 2018 even before the pandemic’s hazardous working conditions kick- started a trend of labor unrest . The surge in strikes makes sense: when labor demand is high (as it was during the pandemic), employers are in a uniquely vulnerable position, giving workers a real chance to successfully demand better treatment. Pandemic or not, employers should never have absolute power. However, the idea of ​​using labor is understandably daunting.

What does it take to have a successful strike? Even if you understand what is at stake conceptually, you may still be wondering what a strike looks like in practice and what needs to be done to prevent strikers from striking.

Preparing for a strike

A strike will not sneak up on you out of nowhere. Landing the right punch takes time and preparation, and the right punch is usually the last resort. There’s a reason wars don’t start with atomic bombs: striking is the nuclear option, and as with nuclear war, the threat itself is often powerful enough to lead to some kind of compromise.

No, you won’t get a random message from your colleague saying that you don’t have to go to work tomorrow, but take materials to make signs. If you are in a union, you and your comrades will vote early on whether or not to strike. Because strikes involve personal and collective sacrifice, many unions require at least a two-thirds majority to strike.

But even before the strike vote reaches its climax, your union’s negotiating committee has most likely orchestrated a series of escalations in which you have been given the opportunity to participate, such as social media campaigns demonstrating solidarity among workers.

Remember: the strike is your last chance. Unfortunately, employers don’t always bid in good faith or show reluctance to go even halfway through any of your requirements. And keep in mind: your workplace doesn’t have to be in a union – and you don’t have to be a union member – to go on strike.

Can I be fired for going on strike?

As a rule, no. The National Labor Relations Act states that workers have the right to engage in “concerted activities for the purpose of collective bargaining or other mutual assistance or protection.” Strikes are included in the list of protected “concerted actions”. In other words, according to the National Labor Relations Board (NLRB) , most strikes are protected.

Unfortunately, even if you can’t legally be fired, you can still be “replaced”. According to a Vox post , this distinction doesn’t really matter from a worker’s point of view:

“The Supreme Court has ruled that companies have the right to hire replacements to keep the business running during a strike. And even after the end of the strike, new employees have the right to keep their jobs. All the employer has to do is ensure that the striking worker is the first to get any vacancy that opens next year. But there is no guarantee that the position will open.”

In addition, some types of strikes are not protected. For example, if your contract has a no-strike clause or you are a government employee (for example, firefighters are not allowed to quit their jobs in any state).

What other risks are strikes?

The most obvious downside of a strike is the economic cost associated with it. You will not receive a paycheck during a strike, and receiving a paycheck from your employer after a strike is settled is unlikely, so you will have to rely on your savings or find some form of financial assistance (more on this below). .

In addition to the financial risk, there is also the possibility that you miscalculated your employer’s response. Depending on the skills required for your job, the state of the market, and the callousness of your employer, your boss can easily hire permanent replacements. At the very least, there’s a chance morale among your co-workers will drop before your employer gives in and you all go back to work empty-handed.

Here is a partial list of questions to help you understand how a strike might affect you and your colleagues:

• Will cutting your workforce hurt profits?
• Have you taken measures to ensure that no one replaces your workforce during the strike (so-called “scab”)?
• If you can’t hurt profits, are there ways for you to exercise power? For example, when teachers go on strike, it is critical to get the support of parents to increase the pressure on the school administration.
• Regardless of your industry, is public opinion on your side to put extra pressure on your employers?
• Have you set up a strike fund, donation system, or some other form of financial assistance to help workers during a strike?

If you are sure of all of the above, let’s delve into the essence of the strike itself.

How to ensure the success of your strike

So you’re going on strike. If you don’t already have a professional negotiator on your side, invest in one now. Next:

Create a strike fund

You never know how long you’ll be on strike. Market Watch suggests postponing expenses for three to six months as soon as you suspect a strike is coming, but that’s not entirely realistic for most workers who have a reason to strike.

Create a GoFundMe , Kickstarter , or some other fundraising tool in one place. Give workers the option to sign up (Google form will do) when they need funds, and encourage people to use it as needed, otherwise financial burnout could be the death of your strike. Many unions already have some kind of credit or financial aid system for just this purpose.

Raise awareness

Reach out to friends, colleagues, and your social media network to raise awareness of the strike. Encourage them to sign letters of support and donate to your strike fund. (I’m hardly a fan of Facebook, but there’s no doubt it’s a viable fundraising and petition signing tool.)

Organize your team

Workers will be required to volunteer for various committee roles to ensure that whatever needs to be done gets done. In addition to your negotiating committee (which I believe is already set up), you will need people to manage the strike fund, public relations, social media campaigns, activities that any remote workers can participate in, and picket captains who can support energized are just a few examples.

Develop clear messages

This applies to negotiations and beyond, online and on the streets: targeted messaging is the key to maintaining a high level of support for your strike. Let lawyers argue about semantics; if you’re picketing, try to narrow it down to things everyone can understand, like “fair wages” and “better health care.” Welcome to politics.

Explore your opponents

Once again: Welcome to politics. Make sure your tactics target specific pain points. Remember, a strike is much more than a street march; it is a tool for obtaining concessions at the negotiating table.

Explore past strikes

Examine recommendations and expectations learned from past strikes that have worked (or haven’t).

Use a secure channel where everyone can communicate

Your employers may shut down your work email and messaging systems, so before you go on strike, make sure you have all of your co-workers’ contact information, as well as a separate communication channel that is not related to your workplace. Slack , Signal or WhatsApp are good options.

Set out of office message

Before you block your work email, be sure to set an “out of office” alert that is returned to everyone who contacts you. This should include the fact that you are on strike, an alternative way to contact you, and links to how they can support your strike (for example, by donating to your strike fund).

Maintain energy on the picket line

A few tips for maintaining a successful picket line:

• Create a registration sheet to rotate three-hour shifts for those who are willing and able to go to the picket line.
• Make lots of signs that clearly reflect your requirements.
• Bring additional materials for making signs.
• Bring acoustic noise devices with you, such as drums and shakers. (Anything to do with an electronic speaker could land you in gimmick license territory.)
• If you are on a busy street, make a sign that asks cars to honk on your business. Signals make you stronger.
• Print out the texts of the various call-response chants and give the group a list of these chants.
• Keep cough drops handy in case people lose their voice from singing.
• Prepare for inclement weather.
• Maintain a steady pace as you go around in circles – you don’t want to burn out after the first day.
• Create a strike playlist.
• Wear sneakers.
• Invite your friends and supporters to picket with you.
• Invest in coffee, donuts and pizza for all strikers.

You can do that

Strikes work because of solidarity. When workers unite in a united front, they dramatically increase their power at the negotiating table. Simply put, strength is in numbers.