Fast Food Workers Strike for Higher Pay
Earlier this month, in 100 cities around the country, fast food workers went on strike for higher pay – much higher pay – seeking $15 an hour or a “living wage” as some describe it. Although the job action got much media attention, there is no real indication that fast food wages will be going up that high any time soon. Virtually none of the workers who participated in the strikes were members of a union but many of the outside organizers were. The demonstrations that occurred inside and outside of the fast food restaurants raise several important issues that all private employers should consider if their employees decide to engage in a job action.
Rights of Employees and Employers
Private employers are covered by the National Labor Relations Act, which protects the rights of employees as well as employers. An employer faced with a walkout by its non-union workers might be inclined to prevent the walkout by threatening to fire them if they did walk out and actually fire them when they do. That would be a mistake. Here are several important things to consider if you are ever faced with a walkout by your employees – whether they are unionized or not.
- Protected concerted activity. Employees have a protected legal right to engage in concerted activity for their mutual aid and protection. This includes employees walking off the job to seek better wages hours and working conditions or, in other words, engaging in strikes and picketing.
- Supervisors not protected. Supervisors are considered “management” and not “employees” and are not protected under the law.
- No threats. Employers cannot threaten employees with discharge if they engage in protected concerted activity by planning or going on strike.
- Ingress and egress. Employees do not have the right to interfere with ingress or egress into the employer’s place of business.
- Private property. Employees generally do not have the right to demonstrate on private property. The police can be called to remove disruptive employees and others.
- Public property. Employees have the right to demonstrate on public property, such as sidewalks and roadways, so long as there is no blockage of ingress and egress and safety is not compromised.
- Injunction. Employers have the right to protect their properties and businesses and can seek an injunction to halt or limit picketing that interferes with ingress and egress and the use of private property.
- Violence and damage. Employees who engage in violence or damage property lose their legal protections.
- No firing. Employees who walk off the job cannot be fired.
- Permanent replacement. Employers have the right to permanently replace strikers. In other words, since the employees voluntarily walked off the job, the employer can fill that vacancy on a permanent basis with any person willing to accept the job offer. The striker has no right to return to a position that has been permanently filled.
- No unemployment. Strikers do not have a right to receive unemployment compensation because they left work voluntarily in a labor dispute.
- Free speech. Employers have the right of free speech and can express their views, arguments and opinions so long as there is no threat or promise of benefit.
The rights of employers and employees are not always easy to determine. So much depends on the facts and circumstances of each situation. It would be a good idea to give all of management, including supervisors, a basic understanding of the rights of employers and employees in case a job action occurs at your place of business.
If you have questions, please contact Steve Lyman at slyman@wp.hallrender.com or your regular Hall Render attorney.
