Solidarity action
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Solidarity action (also known as secondary action, a secondary boycott, a solidarity strike, or a sympathy strike) is industrial action by a trade union in support of a strike initiated by workers in a separate corporation, but often the same enterprise, group of companies, or connected firm.[1]
In
The term "secondary action" is often used with the intention of distinguishing different types of
Australia
In Australia, secondary boycotts are prohibited by the
Germany
Secondary action is generally prohibited, unless it satisfies the multiple criteria:[4]
- no promotion of strikers’ own interests;
- direct effect on a party in the primary dispute;
- proportionality and fairness to the objective.
The secondary action is also legal if there is a close relationship between the target in the secondary dispute and the primary dispute, on the premise that in such case the secondary target can influence the primary one.[4]
Italy
Solidarity action is generally a crime per article 505 of the Penal Code. However, the
Latvia
Secondary action is illegal, unless its objective is to facilitate a general agreement.[7]
The Netherlands
In 2014 the high council of the Netherlands ruled that solidarity strikes are in principle legal, when the involved secondary parties are not disproportionately affected.[8]
Poland
In Polish law the solidarity strike is permitted only for a maximum length of half a day, and only in solidarity with the sectors that themselves do not have the right to strike (e.g. police, military).[9][10][11]
Spain
Secondary action is generally unlawful, however, the
Sweden
Solidarity action rights in Sweden are very broad. In particular, there are no requirements for either reasonable proportion between the primary and secondary actions, or a connection to the targeted parties. Moreover, the
United Kingdom
In the United Kingdom, sympathy strikes were outlawed by the Trade Disputes and Trade Unions Act 1927 in the aftermath of the general strike. That was repealed by the Trade Disputes and Trade Unions Act 1946, passed by the postwar Labour Government.
Solidarity action remained legal until 1980, when the government of Margaret Thatcher passed the Employment Act 1980 to restrict it. That was followed by the Employment Act 1990, which outlawed solidarity action entirely. The laws outlawing solidarity strikes remain to this day, as codified by the Trade Union and Labour Relations (Consolidation) Act 1992 (Section 224[14]).
In 2005, union leaders called for the legalization of solidarity strikes in the aftermath of the strike action against the catering company
United States
Secondary boycotting is frequently confused with secondary striking, also a prohibited tactic for labour unions covered by the Taft–Hartley Act.[15] Some legal definitions for secondary boycotting divide it into two different kinds: secondary consumer boycotts according to the above definition of secondary boycotts, and secondary employee boycotts, also defined as a secondary strike.[16]
Because farm laborers in the United States are not covered by the
See also
Notes
- ^ See H Collins, KD Ewing and A McColgan, Labour Law (2012) 693
- ^ a b Competition and Consumer Act 2010 (Cth), sections 45D to 45DD.
- ^ Warneck 2007, p. 8.
- ^ a b Warneck 2007, p. 32.
- ^ Sentenza n. 123 del 1962 (in Italian)
- ^ Warneck 2007, p. 43.
- ^ Warneck 2007, p. 44.
- ^ Herderscheê, Gijs (2014-11-03). "Stakingsrecht opgerekt: ook acties bij leveranciers". Volkskrant (in Dutch). Archived from the original on 2021-10-27. Retrieved 2023-12-17.
- ^ Warneck 2007, p. 56.
- ^ "Art. 22. – [Strajk solidarnościowy] – Rozwiązywanie sporów zbiorowych". Wolters Kluwer. 27 January 2020. Retrieved 15 November 2023.
- ^ "Art. 19. – [Niedopuszczalność strajku] – Rozwiązywanie sporów zbiorowych". Wolters Kluwer. 27 January 2020. Retrieved 15 November 2023.
- ^ Warneck 2007, p. 62.
- ^ Warneck 2007, pp. 68–69.
- ^ Section 224 of the Trade Union and Labour Relations (Consolidation) Act 1992
- ^ Schwartz, Robert (23 October 2008). "Sympathy Strikes & the Law: Is Solidarity Legal?". Labor Notes.
- ^ "Labor Relations, Overview – Sympathy Strikes". www.bloomberglaw.com. Bloomburg Industry Group. Retrieved 24 November 2023.
References
- M Kite and T Freinberg, 'Unions to Challenge Blair Over Ban on Secondary Strikes' (Daily Telegraph, 27 August 2005).
- Warneck, W. (2007). Strike Rules in the EU27 and Beyond: A Comparative Overview (PDF). European Trade Union Institute for Research, Education and Health and Safety (ETUI-REHS). ISBN 978-2-87452-087-7. Retrieved 2023-12-30.