A government spokesman said the "vast majority" of workers did not vote for the strike - meaning most either opposed strike action or did not vote. But Unison, where 85, out of , balloted workers voted, said it hoped "all our members" would strike "in solidarity". It depends on how many workers walk out. The government says it has contingency plans to ensure "key public services remain open". Many schools announced in advance that they would be closed. Firefighters say they still respond to major incidents during strikes.
The RMT said employers should be "in no doubt" about its members' determination to "defend pay and pensions". A Cabinet Office spokesman said the strikes would "achieve nothing and benefit no-one". He added: "Pay restraint protects public sector jobs, supports high-quality public services and helps put the UK's finances back on track. NIPSA said the strike would be the "first of a rolling programme of action". The FBU said the latest strike was the 15th in its ongoing campaign, and it has already announced eight consecutive strike days starting from 14 July.
Government 'not budging' on pay. PCS union joins public sector strike. GMB members vote to join strike day. Strikes of this nature will be discussed in connection with the various unfair labor practices in a later section of this guide.
Furthermore, Section 8 b 4 of the Act prohibits strikes for certain objects even though the objects are not necessarily unlawful if achieved by other means. An example of this would be a strike to compel Employer A to cease doing business with Employer B. It is not unlawful for Employer A voluntarily to stop doing business with Employer B, nor is it unlawful for a union merely to request that it do so.
It is, however, unlawful for the union to strike with an object of forcing the employer to do so. These points will be covered in more detail in the explanation of Section 8 b 4.
In any event, employees who participate in an unlawful strike may be discharged and are not entitled to reinstatement.
Strikes unlawful because of timing —Effect of no-strike contract. A strike that violates a no-strike provision of a contract is not protected by the Act, and the striking employees can be discharged or otherwise disciplined, unless the strike is called to protest certain kinds of unfair labor practices committed by the employer. It should be noted that not all refusals to work are considered strikes and thus violations of no-strike provisions. A walkout because of conditions abnormally dangerous to health, such as a defective ventilation system in a spray-painting shop, has been held not to violate a no-strike provision.
Same—Strikes at end of contract period. Section 8 d provides that when either party desires to terminate or change an existing contract, it must comply with certain conditions. If these requirements are not met, a strike to terminate or change a contract is unlawful and participating strikers lose their status as employees of the employer engaged in the labor dispute.
If the strike was caused by the unfair labor practice of the employer, however, the strikers are classified as unfair labor practice strikers and their status is not affected by failure to follow the required procedure.
Strikes unlawful because of misconduct of strikers. Strikers who engage in serious misconduct in the course of a strike may be refused reinstatement to their former jobs. This applies to both economic strikers and unfair labor practice strikers.
Serious misconduct has been held to include, among other things, violence and threats of violence. Germany maintains a general ban on the right to strike for civil servants as a result of long-standing legal concepts that include regarding civil servants as having a special duty of loyalty.
As a result, large numbers of public service workers are barred from taking strike action, including teachers and social workers. This includes manual and auxiliary workers who do not exercise authority in the name of the state.
In Estonia a civil servant who is an official, that is a person in a public-law service and trust relationship with the state or local government, is not allowed to strike. Although the ban does not apply to employees in public administration generally, it does apply to rescue workers and employees in the Ministry of Defence, Defence Resources Agency and the Defence League.
Estonian trade unions say the ban on strikes in the public service is too broad and seriously limits the ability of employees in the civil service to defend their rights. In Turkey , a law completely barring public servants from striking was passed in As set out in the country reports, these same groups of workers do have the right to strike in other European states.
For example, in Albania , civil servants working essential services of state activity, including transport, public television, water, gas, electricity, prison administration, administration of the justice system, national defence services, emergency medical services, services for food supply and air traffic control do not have the right to strike.
The CEACR has said teachers and public education services may not be considered to be essential services in the strict sense of the term.
Replacing striking employees in primary and secondary education in the Republic of North Macedonia was therefore a serious impediment to legitimately exercising the right to strike. The CFA has ruled that, for example, beer production in Lithuania and postal services, education and childcare in Serbia are not essential services in the strict sense of the term.
There are also examples of excessive requirements to provide minimum levels of service during a strike. In Romania , for example, staff in establishments providing health care and social assistance, telecommunications, public radio and television broadcasting services, railway services, public transport, sanitation services, and gas, electricity, heating and water supplies are permitted to strike. However, there must be a minimum level of service corresponding to at least a third of normal activity or services.
In Slovenia the requirement to provide minimum services during a strike applies to all public officials. This treats all civil service workers as a uniform category and limits the extent to which they can exercise the right to strike. In Hungary , the number of strikes has declined drastically since strike legislation was amended in December The legislation has had a major impact on workers in these sectors, who were previously among the few who were allowed to strike.
Since December , there has been only one strike in these sectors. Before the law was amended, there were three or four strikes a year. In Latvia , in the public transport sector, continuity of services had to be ensured in the network of routes to educational establishments, health care establishments and to state and local government offices during opening hours.
In the healthcare sector, only the continuity of emergency care was required, whereas scheduled operations and other ordinary day-to-day activities were postponed. There are also examples of minimum service levels being unilaterally determined by the government or employers, without the involvement of unions. For example, the Estonian government has unilaterally determined a list of minimum services.
The CEACR said that Turkish unions should be involved in determining minimum service in event of industrial action, rather than granting this authority unilaterally to the employer.
In Serbia the employer has the power to unilaterally determine minimum services after consulting the union. The CFA has made clear that governments should not resort to mobilisation or requisition measures except for the purposes of maintaining essential services in circumstances of the utmost gravity.
They should impose restrictions on a legitimate strike only as an exceptional measure. However, over the past 32 years successive Greek governments have resorted to civil mobilisation measures that, under threat of penalties, have forced striking workers back to work.
This has included curtailing industrial action in the maritime sector. The Danish parliament has the power to step in during a collective labour dispute and enact a special Act to end the dispute if national interest is at risk.
In Turkey , the Council of Ministers can suspend a strike for a period of 60 days if it is prejudicial to health or national security. Following the attempted coup on 15 July and the declaration of a state of emergency the government has adopted more than thirty emergency decrees, including extending the criteria for allowing the suspension of strike action.
The CFA said the mere existence of a deadlock in a collective bargaining process was not, in itself, a sufficient ground to justify the government intervening to impose arbitration. Similarly, the ESCR said legislation adopted to terminate a strike to avoid substantial disruption of air traffic and the tourist industry went beyond the limits of the Charter.
Strikes are frequent in Iceland and between and the Icelandic parliament passed 12 laws banning strikes in a number of sectors. The Norwegian government has terminated several strikes and imposed compulsory mediation in disputes involving care workers in nursing homes, air ambulance pilots, workers providing laundry and dry-cleaning services to hospitals, and oil and gas workers.
They can issue a ministerial order to bring a wide range of activities into temporary, obligatory public service. These include food production and distribution, public transport, pharmaceutical production, ship construction and repair, banking and national defence production.
The government argues these are exceptional measures that are rarely used. In Belgium , both the CEACR and the ECSR have noted and criticised the systematic recourse by employers to the judicial authorities to ban industrial action by trade unions and prevent them from setting up picket lines.
The ECSR has also said Italian law is not in conformity with the ESC with regard to the government power to issue injunctions or orders restricting strikes in essential public services. In Lithuania the court can apply temporary protection measures until the legality of a strike is ruled upon, which can delay a strike for up to two and a half years.
The Polish government has drafted legislation that would put a maximum nine-month time limit on collective disputes.
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