Right of Public Employees to Strike

Prior to World War II, public employees often enjoyed better benefits and salaries than private employees. The balance shifted in favor of the private sector after unions successfully procured increased benefits and wages for private employees. Collective bargaining was instrumental in improving conditions for private unionized employees.

Even though the first public employee unions were organized as early as the 1830s, it was not until the 1950s that public unionization became a significant movement. Between 1958 and 1966 union membership in the public sector doubled. Public employee unions continued to grow in the 1970s and 1980s.

In early American labor law, coordinated activity by any group of employees, public or private, to force an employer into submitting to employee demands was considered criminal behavior and could subject the employees to severe financial punishments. Gradually, the federal government adopted limited protections for employees, but it was not until congressional approval of the National Labor Relations Act of 1935 that employees--specifically, private employees--were given the right to strike without fear of criminal reprisals. The act g

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ylvania, for example, lawsuits were filed against the state charging that the teachers' right to strike violates the state constitution. Even though opponents of the right to strike lost in court, the Pennsylvania Legislature amended its laws substantially restricting the right of public school teachers to strike. Many of the states that have not felt inclined to grant public employees the right to strike have instead provided other forms of union rights and dispute resolution mechanisms for public employees. These statutes tend to be fashioned after the federal model. Under these state and federal laws, public employees are unable to participate in strikes against public employers. Participation in strikes against the government will quickly be ruled illegal and punitive sanctions taken by the courts. As an alternative to strikes, these laws provide for and protect employee rights to organize into a public union, mandate collective bargaining, and frequently provide for binding arbitration if collective bargaining negotiations reach an impasse. Arguments For and Against the Right to Strike When President Franklin Roosevelt signed the national Labor Relations Act authorizing the right to strike for private employees, he voiced
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