What are the rights of employees regarding strikes, lockouts and other labor disputes?
Employees in Washington have certain rights regarding strikes, lockouts and other labor disputes. Strikes are “work stoppages” in which employees refuse to work to put pressure on the employer. Lockouts are “hiring stoppages” in which employers refuse to allow employees to work, often in response to a strike. In Washington, employees have the right to strike in some circumstances. However, strikes must be for a legal purpose. This includes asking for better wages and benefits, asking for improved working conditions, or protesting illegal activities, such as racial or sexual discrimination. Also, employees may not engage in strikes or other slow-downs that are considered a form of work stoppage, such as refusing to work or falsifying timecards. Strikes must be authorized by a majority of the employees who will be impacted. Employers have the right to lockout employees in some circumstances. This is generally done in response to a strike or slow-down, and is intended to pressure the employees to return to work faster. Employers must be sure to follow the lockout laws in Washington when doing so. This includes giving employees reasonable advance warning before the lockout happens, and providing a reasonable period for posting and discussion about the lockout. Even with strikes and lockouts, employers and employees must abide by labor laws in Washington. These include the National Labor Relations Act (NLRA), which protects the rights of employees to form and join unions, the Fair Labor Standards Act (FLSA), which sets standards for minimum wages and overtime pay, and the Washington Minimum Wage Act. Employees have a right to a safe and healthy workplace, and managers have an obligation to ensure a safe and productive work atmosphere.
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