Excerpts From the NLRB Model Brief Concerning Intermittent and Partial Strikes

  • October 7, 2016

NLRB Model Brief Concerning Intermittent and Partial Strikes washington chatter

Here are the main article and points called out in the model brief distributed earlier this week relating to the Board’s jurisprudence concerning intermittent and partial strikes.  The full 15 page document is available in pdf format for CUE members to download here.  If you aren’t currently a CUE member, but would like a copy of the brief, email me at mvandervort (@) cueinc.com, and I’ll be happy to send you a copy.

This is just a Cliffs Notes version of the full brief, but it gives a pretty clear perspective of where GC Griffin would like the Board to move on this issue.

I. Alternatively, the Board should clarify its jurisprudence on intermittent and partial strikes and extend the Act’s protection to multiple strikes over the same labor dispute, except in certain limited circumstances

A. The Board should clarify that partial and intermittent strikes are different, and they are distinguishable based on whether strike and work coincide or are separate in point of time

B. Existing Board law unjustifiably dilutes the right to strike

1. The Supreme Court’s Briggs-Stratton decision does not mandate treating intermittent strikes over the same labor dispute as unprotected and its facts are distinguishable from most intermittent strike situations

2. The Board’s rationales for withholding protection from limited strikes are unfounded or inapplicable to intermittent strikes

a. Judging a strike tactic based on whether it harassed an employer into a “state of confusion” is antithetical to the basic concept of a strike

b. Intermittent strikers do not reap the benefits of a strike without losing pay or risking replacement

c. Employees do not dictate their terms and conditions by engaging in multiple strikes where such tactics are a means to another end

3. Intermittent strikes do not implicate employers’ property interests

C. The Board should adopt a new standard for intermittent strikes that appropriately respects employees’ right to strike

II. Applying the General Counsel’s proposed framework, the one-day strikes at issue in this case are protected by the Act


Here’s an additional link from the labor side People’s World NLRB ruling could strengthen the power of strikes.