Public employee strikes are illegal. However, the SEIU is looking for cannon fodder to take the State to court. SEIU’s only hope is to turn public opinion to their cause and they are hoping that someone will hold state employees accountable for missing work as a result of the December 5th walkout. When they do, SEIU hopes their members will call their crisis hotline and then their lawyers can jump into action in hopes that some judge will bloody the nose of the state and thus help their cause.
What other conclusion can you draw after reading their newsletter this week? Check it for yourself. SEIU Nov 30 newsletter
Below are a few sections that caught my eye.
Is it legal to go out on strike, even if we have a no-strike clause that is still in effect?
Yes. Unfair labor practice strikes have been legal for decades under state and federal law despite the existence of a no-strike clause. The fact that our Union engaged in the strike in good faith can serve as a defense to any charges of illegality.
The above statement “…can serve as a defense to any charges of illegality” is called admission against interest. SEIU admits the strike is illegal but claims they have a good excuse to have a walkout. Of course this excuse is subject to a determination by a judge that believes in a living Constitution—or at least a malleable interpretation of the law.
Will I be disciplined for participating in the strike?
The State may take retaliatory disciplinary actions against members who go on strike. But these actions are illegal. There are legal appeals and antiretaliation laws to hold the State accountable. Our Union has a Strike Legal Defense Team that will defend you.
What should I do if I am disciplined for participating in the strike?
Please call the MRC’s Strike Hotline at 866.471. SEIU (7348). Our Union has a Strike Legal Defense Team that will defend you.
Because striking is illegal, if the State says strike participants will not be paid, does that qualify as retaliation?
If employee must use a vacation or sick day in order to be paid for striking does that qualify as retaliation?
My conclusion is that it doesn’t matter what happens, SEIU is desperate for any confrontation that they can milk for publicity. At this point any perceived reaction from the State will be called a victory.
Seems like SEIU is the rebellious teenager and the government is the neglectful parent. Talk about irreconcilable differences. Maybe it’s time for binding arbitration to be orchestrated by Dr. Phil.