Handling Union Strikes and Work Stoppages with Crisis Management Strategies

As employers, balancing the needs of the business while also addressing workers’ legitimate requests can be challenging during a union strike or work stoppage. However, having the best knowledge and engaging in a proactive approach can be an opportunity to build stronger and more resilient labor relations. Strikes do not have to equate to a crisis. Understanding why they happen and knowing how to prevent or manage them effectively can make all the difference.

Labor Strikes and Work Stoppages

A labor strike, which is a type of work stoppage, occurs when employees collectively refuse to work in order to demand better wages, working conditions, or other employee-related concerns. Most Collective Bargaining Agreements (CBAs) include some framework for strikes and are often coordinated by unions.

However, not all work stoppages are formal strikes. Other types include:

• Slowdown - employees deliberately reduce their efficiency while still performing their basic job duties. Rather than stopping work completely, workers slow their pace and follow rules, a tactic that can still violate contractual agreements.
• Sick-Out - occurs when a large number of employees call in sick simultaneously as a form of protest without officially declaring a strike.
• Wildcat Strike - is a work stoppage initiated by workers without the approval or authorization of their union representative. These strikes are often spontaneous and usually violate the Collective Bargaining Agreement.

These distractions are challenging because they can occur suddenly and bypass any formal channels, such as scheduled negotiations or the internal reporting process, which in turn disrupts production, causes great costs, and can damage a company’s reputation. However, having the right knowledge and advanced preparation can help navigate these challenges effectively.

Why Strikes Happen

Strikes have shaped the American workplace since the 1700s. After peaking in the 1970s, strike activity plunged for decades, but things are changing with increased worker dissatisfaction. Understanding this cycle is crucial for modern employers who want to stay ahead of the curve.

Here are some examples of why these strikes happen and the potential effects they might have:

Failure to address these issues in a timely manner can cause employers serious problems and major financial losses, sometimes amounting to millions of dollars, which can be detrimental to any business. On top of that, inside the workplace, tensions between management and employees increase, making it harder to keep morale high and maintain productivity.

How to Prevent Strikes Before They Start

Be Present and Pay Attention

This is as simple as showing up and really listening to your employees. Managers should walk the floor regularly to get a sense of the day-to-day issues the employees deal with. Employees who feel heard and respected are much less likely to walk out. This starts with managers doing this at a minimum.

Take Negotiations Seriously

When it’s time for Collective Bargaining Agreement negotiations, stewards should work closely with the union presidents to ensure employees’ concerns, such as flexible schedules or paid parental leave, are addressed, as these issues can be viewed as perks but really should be considered essentials. The company should review how these quality-of-life policies can be incorporated.

Know Your Collective Bargaining Agreements Like a Pro

This is the most important step, as it is the employer’s legal playbook, also known as the Collective Bargaining Agreement (CBA). Employers need to master their CBA as this is the contract that governs labor relations between the company and the unionized employees. Understanding and proactively managing the language within your CBA is critical to preventing strikes and handling work stoppages with confidence. When the employer understands the language and the obligations in their CBA, they ultimately gain the power to prevent these strikes and maintain smoother labor relations.

Key Collective Bargaining Agreement elements employers must know inside and out:

• No-Strike Clause
• Grievance and Arbitration Procedures
• Strike Notice Requirements
• Work Rules and Scope Clauses
• Duration and Renewal Terms
• Managerial Rights Clause
• State and Federal Compliance

Communicate Early, Often, and Clearly

And last, but certainly not least, communication. Try to meet often, document everything, and negotiate in good faith. Keep all labor relations processes aligned with federal laws like the National Labor Relations Act (NLRA) and specific state requirements, as some states have unique strike and grievance rules.

Suggested Step-By-Step Guide During Strikes

Step 1: Keep the Lines of Communication Open

Try to continue an open and honest dialogue. Meet with workers or union reps and actively listen. Try to rebuild the trust that was there prior to the conflict of the strike.

Step 2: Plan Ahead

As an employer, if you have an inkling of a strike, have a contingency plan. This can take many different forms, such as temporary workers, adjusted schedules, or prioritized projects. This will help minimize disruption. Ensure some language is listed in your Collective Bargaining Agreement for contingency plans, to include provisions for maintaining operations, the use of non-bargaining employees, and general protocols.

Step 3: Smart Negotiations

Approach talks with a mindset of compromise. Be ready to make reasonable concessions. Consider mediation or arbitration if negotiations stall. Ensure you have the right employer representation to conduct this process.

Step 4: Know Your Legal Boundaries

Always stay within federal, state, and contractual legal frameworks. Violations can escalate conflict and cause fines or lawsuits.

Step 5: Review and Learn

After resolution, analyze what worked and what didn’t. Adjust policies and strategies to prevent a repeat.

Building Stronger Workplaces Through Labor Relations

In the end, preventing strikes is not only about avoiding costly disruptions, but also about fostering a workplace where employees feel respected, heard, and valued. Strikes, while stressful, can also serve as an opportunity to evaluate what is working and identify areas for improvement in communication, policies, and overall labor relations. Redstone GCI supports employers by providing HR consulting, compliance guidance, and training tailored to both managers and union representatives. Our team helps organizations strengthen their collective bargaining agreements, prepare for negotiations, and develop proactive strategies that promote cooperation and reduce the risk of work stoppages.