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Behavioural Determinants of Public Sector Illegal StrikesCases from Canada and the U.S.
ROBERT HEBDONNew York State's School of Industrial and Labor Relations, Cornell University, Ithaca, New York. (Cooke 1983: 99).
1998, vol. 53, n°40034-379X
This article develops a framework for analyzing illegal public sector strikes that explains observed patterns of behaviour of employees, unions, managers, and third parties. It is found that no-strike laws diminish such positive effects of right-to-strike bargain ing sy stems as elicitin g in form atio n, adjustin g expectations, and providing catharsis. A new theoretical outline helps understand and explain such illegal strike characteristics as
Taking away the right to strike is a bit like eliminating the vapor safety valve on a boiler. Employees need to know that they have this means of relieving their frustrations and internal tension --even if they never use it. Otherwise an explosion is inevitable1. The author acknowledges the valuable research assistance of Jean-Paul Alexandrowicz. , 1998, VOL. 53, N° 4 The purpose of this paper is to identify and analyze certain common behavioural characteristics of North American illegal public sector strikes. These strikes are important because they occur in significant numbers, often have devastatingly negative effects, and represent a complete dysfunction of the strike avoidance policy mandate --a central goal of many public sector collective bargaining systems.
RELATIONS INDUSTRIELLES / INDUSTRIAL RELATIONSU.S. strike data for the period 1983-1994 for major strikes of over 1000 employees, reveals only slightly higher mean strike rates 2 (7.7 percent) in states where public sector workers have the right to strike compared to states where strikes are banned (5.3 percent) (Hebdon 1996). In addition, 34 out of 78 major strikes (43.6 percent) were illegal.The effects of these illegal strikes can be severe. They can cause irreparable harm to the public, the collective bargaining parties, and unions. The strike of the Professional Air Traffic Controllers Organization (PATCO) in 1981 provides a stark example, involving a serious threat to the safety of air travel, the firing of thousands of controllers, and the decertification of the union.The continued occurrence of these illegal strikes is virtually guaranteed by the multitude of laws banning strikes by public employees. In Canada, five provinces grant the right to strike to most public employees (Swan 1985;Goldenberg 1988;Gunderson and Hyatt 1996). 3 But all provinces and states restrict the right to strike for some occupations. In the U.S., for example, no less than 38 states prohibit...