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Journal articles on the topic 'Strikes and lockouts'
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1
Briggs, Chris. "Lockout Law in Australia." Journal of Industrial Relations 49, no. 2 (April 2007): 167–85. http://dx.doi.org/10.1177/00221856070490020301.
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Should Australian lockout law be reformed? Lockouts in Australia are legally the formal equal of strikes and the legal treatment of lockouts is the most `de-regulated' in the OECD. The notion that strikes and lockouts should be treated equally is intuitively appealing. However, other OECD nations have rejected an equal right to strike and lockout, reserving lockouts for exceptional circumstances where employers suffer from an imbalance of bargaining power so as to reconcile lockouts with other legal principles such as freedom of association and the right to strike. Australian employers, it will be argued, have been given too much freedom by policy makers at federal level to use lockouts that should legally be reserved as a weapon of genuine `last resort'. However, instead of repositioning Australian lockout law back towards the international mainstream, WorkChoices will produce a legal framework that, uniquely, positively discriminates in favour of employer lockouts against strikes.
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Turner, Nick, Connie Deng, Julian Barling, and Karen L. Spencer. "Differential mental health consequences of strikes and lockouts." Canadian Journal of Behavioural Science / Revue canadienne des sciences du comportement 52, no. 2 (April 2020): 149–53. http://dx.doi.org/10.1037/cbs0000161.
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Coates, Dennis, and Brad R. Humphreys. "The Economic Consequences of Professional Sports Strikes and Lockouts." Southern Economic Journal 67, no. 3 (January 2001): 737–47. http://dx.doi.org/10.1002/j.2325-8012.2001.tb00367.x.
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Coates, Dennis, and Brad R. Humphreys. "The Economic Consequences of Professional Sports Strikes and Lockouts." Southern Economic Journal 67, no. 3 (January 2001): 737. http://dx.doi.org/10.2307/1061462.
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Barrett, C. R., and Prasanta K. Pattanaik. "Bargaining over employment and wages, with threats of strikes and lockouts." European Journal of Political Economy 5, no. 2-3 (January 1989): 333–45. http://dx.doi.org/10.1016/0176-2680(89)90053-0.
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Bird, Derek. "Indicators to measure trade union membership, strikes and lockouts in the UK." Economic & Labour Market Review 1, no. 9 (September 2007): 40–47. http://dx.doi.org/10.1057/palgrave.elmr.1410138.
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Alemán, José. "Labor Market Deregulation and Industrial Conflict in New Democracies: A Cross-National Analysis." Political Studies 56, no. 4 (December 2008): 830–56. http://dx.doi.org/10.1111/j.1467-9248.2007.00707.x.
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This article studies the effect of recent labor market reforms on industrial relations in new democracies (1994–2003). The literature on labor politics posits two channels through which labor market deregulation may relate to industrial conflict. Wage deregulation may lower wage costs, increasing industrial conflict. Employment deregulation, however, can reduce the ability of workers to act collectively. Using methods uniquely suited for panel data analysis, the study reveals a number of important findings. First, whereas labor quiescence went hand in hand with relatively modest increases in earnings in a number of established democracies, modest wage increases are generally linked with more labor militancy in new democracies. Higher wage and employment regulation minimize wage reductions, lowering the incidence of strikes. Finally, wage regulation has the largest effect on aggregate wages and consequently on the incidence of strikes and lockouts.
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Yildiz, Gaye Burcu. "The general aspects of collective labour rights for workers in Turkey." Russian Journal of Labour & Law 13 (2023): 311–18. http://dx.doi.org/10.21638/spbu32.2023.121.
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After Turkey's political system was transformed to a multi-party democracy, legally interpreted collective labour rights were introduced to the system by legal instruments. The first Trade Unions Act was enacted in 1947. Depending on the articles related to collective labour rights, stated in 1961 Constitution, the Turkish National Assembly passed two particular legislation in 1963, numbered 274 and 275. These codes governed labour unions and collective bargaining, as well as grievance procedures such as strikes and lockouts. The 1982 Turkish Constitution established collective bargaining and strike action as fundamental rights as well as the prior Constitution. For nearly three decades, collective labour rights have regulated by two different legislation, numbered 2821 and 2822. In 2012, new legislation was proposed to regulate collective labour relations and meet the necessities of the social parties. The Law of Trade Unions and Collective Labour Agreements (law numbered 6356) is the current principal legislative tool for dealing with trade unions and collective labour agreements, as well as strike and lock-out. In Turkish system, the formation of trade unions and employers' associations is based on a voluntary and free basis and requires no previous approval from administrative bodies. Employers' organizations and trade unions both have legal personality. A double threshold approach for trade unions to conduct collective bargaining has been criticized by the ILO on several occasions. Strikes are infrequently utilized as an industrial action, despite the fact that they are protected by the Constitution and the Law numbered 6356.
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Enflo, Kerstin, and Tobias Karlsson. "From conflict to compromise: the importance of mediation in Swedish work stoppages 1907–1927." European Review of Economic History 23, no. 3 (October 19, 2018): 268–98. http://dx.doi.org/10.1093/ereh/hey023.
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Abstract Institutions for prevention and resolution of industrial conflicts were introduced all over the world in the early twentieth century. We use a new dataset of geocoded strikes and lockouts to analyze the impact of mediation on conflict outcomes in Sweden for the period 1907–1927. Causality is identified by using the distance from the mediator’s place of residence to the conflict as an instrument. Despite the mediators’ limited authority we find that their involvement in a conflict resulted in about 30 percent higher probability of a compromise. The results add support to institutionalist accounts of the origins of the Swedish Model.
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Laugen, R. Todd. "Struggles for the Public Interest: Organized Labor and State Mediation in Postwar America." Journal of the Gilded Age and Progressive Era 4, no. 1 (January 2005): 69–82. http://dx.doi.org/10.1017/s1537781400003662.
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In his 1906 Annual Message to Congress, President Theodore Roosevelt urged support for a bill to mandate the government investigation of labor disputes before allowing workers to strike. In an “age of great corporate and labor combinations,” the president insisted “the public has itself an interest which can not wisely be disregarded; an interest not merely of general convenience, for the question of a just and proper public policy must also be considered.” Congress at the time was unmoved. Yet Roosevelt's proposal signaled a growing movement to compel the investigation and arbitration of major labor conflicts. This movement peaked in the years soon after World War I. Advocates for government mediation insisted that an impartial commission of experts could peacefully negotiate workplace disputes and spare the consuming public the contests of will and force associated with major strikes. The Progressive Era arbitration of railroad and mining conflicts established important precedents and have received significant attention from scholars. National mediation boards, however, rarely assumed the power to order participation. Such efforts were more prominent at die state level. In 1915 Colorado legislators largely implemented Roosevelt's proposal, creating the first government board with powers to ban strikes and lockouts pending an investigation in industries affected with a public interest. Soon after the war, Kansas expanded upon the Colorado precedent with a compulsory arbitration board to regulate a host of indus-tries deemed essential to the public. Programs for state mediation of labor conflicts in the postwar period were particularly bound up with questions of compulsion in the public interest.
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Sack, Allen L., and Abbas Nadim. "Strategic Choices in a Turbulent Environment: A Case Study of Starter Corporation." Journal of Sport Management 16, no. 1 (January 2002): 36–53. http://dx.doi.org/10.1123/jsm.16.1.36.
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The Starter Corporation, the industry leader in the sports licensed apparel business in the 1980s and 1990s, declared bankruptcy in 1999. This case study examines Starter’s rise and fall, focusing on the interaction between management decisions made over the years and the profound changes that were taking place in the sports licensing industry. It was found that Starter’s dependence on professional leagues for licensing agreements, a flood of new entrants into the licensing industry (especially large footwear manufacturers), the threat of substitute products, dependence on overseas and other suppliers, and players’ strikes and lockouts created a volatile business environment in which Starter had to compete. The major question raised in this case concerns the relative importance of environmental factors and strategic choices by management in Starter’s demise. Michael Porter’s (1980) “five forces model” of industry competition provided a theoretical starting point for this study.
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Hill, Joan G. "Book Review: No Contract, No Peace: A Legal Guide to Contract Campaigns, Strikes and Lockouts, by Robert M. Schwartz." Labor Studies Journal 40, no. 1 (March 2015): 106–7. http://dx.doi.org/10.1177/0160449x15573220c.
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Zulkarnaen, Ahmad Hunaeni. "MASALAH RAWAN DALAM HUBUNGAN INDUSTRIAL DAN KONSEP NEGARA KESEJAHTERAAN INDONESIA." Jurnal Hukum Mimbar Justitia 2, no. 2 (June 7, 2018): 806. http://dx.doi.org/10.35194/jhmj.v2i2.32.
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The Indonesian’s Development goal is to achieve national stability, including economical stability, the achievement of nationally economical stability, determined by the stability in the sector of production of goods and services, or its stability in the sector of production of goods and services is the supporting factor to the dominant of national development programs especially economic development program. One of the requirements to achieve stability in the sectoral production of goods and services is the condition of harmonious industrial relations based on Pancasila in the form of peaceful in working situation or industrial peace, is a dynamic condition in working, where there 3 (three) important elements: first the guarantee implementation on rights and obligations; second, conflict can be resolved internally; third, strikes and lockouts (lock-out) should not be used to impose willingness, because conflict could have been resolved well. In fact, in creating a harmonious industrial relations is not easy, there are some contributing factors such as; workers / laborers factor, employers factor, and public administration factor.Keywords: Industrial Relationship Problem, Indonesian Welfare State Concept
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Briggs, Chris. "Lockout Law in a Comparative Perspective: Corporatism, Pluralism and Neo-Liberalism." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 3 (September 1, 2005): 481–502. http://dx.doi.org/10.54648/ijcl2005022.
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Abstract: The object of this paper is to develop a classification of national legal systems and institutional practices in relation to lockouts. Three primary systems regulating the use of lockouts currently have been used in advanced market economies. First, lockouts are sometimes subject to a blanket prohibition (Southern European Corporatism). Secondly, most OECD nations limit lockouts to exceptional circumstances in which employers are considered to suffer from an imbalance of bargaining power so as to balance a right to lockout with other legal principles such as the right to strike and freedom of association (Pluralism). Thirdly, whereas most OECD nations limit lockouts to ?equalising? collective bargaining power, contemporary reforms in the Antipodes allow lockouts to be directed at unorganised workers and used to reconfigure power relations by decollectivising bargaining (Neo-Liberalism).
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Zamorano González, Benito, Fabiola Peña Cárdenas, Cristián Pinto-Cortez, Yolanda Velázquez Narváez, José Ignacio Vargas Martínez, and Luc&a Ruíz Ramos. "Unemployment and mental health in a community population from a border city in Mexico." Work 69, no. 3 (July 16, 2021): 957–67. http://dx.doi.org/10.3233/wor-213527.
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BACKGROUND: The constant changes in the global economy generate instability in the markets, favoring the closing of companies, dismissals of personnel, job losses. Unemployment has been associated with adverse psychological effects, serving as a predictor of poor mental health. OBJECTIVE: The main goal was to analyze the relation between work status and mental health. METHODS: A cross-sectional, quantitative study was carried out with a sample of community population, inhabitants of the urban area of a Mexican city. The sample consisted of 1351 participants, being 577 men (43%) and 774 women (57%) with an average age of 41.46 (SD = 17.00). The participants were selected by a quota sampling, in 13 representative points of Matamoros’ city urban area. Home surveys were applied; the Spanish version of the Symptom Checklist 90 (SCL-90) was used for mental health assessment. RESULTS: The model explaining the relation between work status and mental health (GFI) was significant (p < 0.01). Unemployment was related to higher scores in all sub-scales of psychopathologies evaluated by the SCL-90, in comparison with the rest of work status categories. CONCLUSIONS: The unemployed, followed by housewives, presented indicators of poorer mental health, while the retired and those in strikes or lockouts showed the best mental health indexes.
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Workman, Andrew A. "Creating the National War Labor Board: Franklin Roosevelt and the Politics of State Building in the Early 1940s." Journal of Policy History 12, no. 2 (April 2000): 233–64. http://dx.doi.org/10.1353/jph.2000.0016.
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In January 1942, President Franklin D. Roosevelt issued an executive order creating a National War Labor Board (NWLB) to arbitrate wartime industrial disputes. Roosevelt's order provided enormous power for the board, which could, on its own motion, intervene in any labor conflict it deemed a threat to “the effective prosecution of the war” and subsequently impose settlements on the parties. In practice, the board replaced free collective bargaining for the duration of the war. Most scholars of the era agree that the NWLB, operating at a time when New Deal labor policy was still in formation and many unions had not yet become entrenched in their industries, had a profound impact on the evolution of the American industrial relations system during the war and thereafter.Despite a superficial similarity to earlier labor boards, the NWLB was a curious creature born, in the words of one of its members, “out of deadlock,” and of a breed uncommon on the American political landscape. The board's authority was nominally grounded on an agreement by a 1941 national labor-management conference to eschew strikes and lockouts in lieu of arbitration. Yet this conference had reached an impasse and its “agreement” had been forced on the business delegates by Roosevelt.
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Lippel, Katherine. "Les victimes sans crimes : le traitement pénal des accidents de travail." Criminologie 21, no. 1 (August 16, 2005): 35–56. http://dx.doi.org/10.7202/017257ar.
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More people die in Canada every year from work related accidents and illnesses than as a result of murder. More work days are lost to work accidents and illnesses than to strikes and lockouts. Yet the illegalities committed in the field of health and safety in the workplace are, for all intents and purposes, left unnoticed by the criminal justice system. This article addresses the use of penal and criminal law in Quebec against employers who have violated health and safety legislation and the Criminal Code. The first part examines the historical, political and social reasons why deaths and injuries in the work place are perceived as normal and inevitable, rather than as aberra -tions often of a criminal nature. The second part examines the application of statutory legislation in Quebec, particularly the Act Respecting Occupational Health and Safety (R.S.Q. c. S-2.1). The nature of the offences therein provided for is studied, as well as the attitude of the judiciary and the Quebec Health and Safety Commission (C.S.S.T.) towards their application. In the final section the relevant provisions of the Criminal Code are studied, in the light of the rare examples from case law where criminal negligence charges have been laid. The article concludes with the assertion that a change of attitude both on the part of the state and on the part of public opinion is necessary if we wish that health and safety in the workplace be taken seriously by employers.
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Dineen, Luke. "‘Tools of the Employers’ Federation’: The Derry Lockout of 1924." Labour History Review 87, no. 1 (April 1, 2022): 39–63. http://dx.doi.org/10.3828/lhr.2022.2.
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This article chronicles the industrial crisis that took place in Derry in the summer of 1924, when the city was engulfed by mass strikes and a lockout in its staple industry, shirt making. The article begins by putting Derry in its socio-economic and political context, illustrating how sectarian and gender divisions determined the local employment structure. It demonstrates how the Irish revolution, the partition of Ireland, labour militancy and unionist gerrymandering of Derry Corporation laid the foundations for the intense episode of class conflict that took place in the city in the summer of 1924. It describes how the crisis emerged and how, for a six-week period, it made Derry the most strike-ridden city for its size and population in either Britain or Ireland, with tragic social consequences for its inhabitants. There is a strong emphasis on detailing the strike of the corporation employees because their wage demand became embroiled in the political conflict between nationalists and unionists for control of the city. The article concludes by analysing the lockout’s immediate outcome and long-term ramifications and scrutinizes what role sectarianism played in the labour movement in Northern Ireland before, during, and after the crisis.
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Gauchman, Mykhailo. "WORKERS OF DISTRICT TOWN: THE PLANT’S WORKERS OF LUHANS’K IN LABOR’S CONFLICTS AND REVOLUTIONARY WAVES DURING THE FIRST RUSSIAN REVOLUTION AND THE FIRST WORLD WAR." City History, Culture, Society, no. 3 (October 30, 2017): 51–72. http://dx.doi.org/10.15407/mics2019.03.051.
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The article deals with the collective actions of plant workers in Luhans’k (inRussian pronunciation – Lugansk) in labor conflicts during the First Russianrevolution (1905–1907) and the First World War (1914–1918). This town wasone of the main towns of industrial Donbass and the center of Slovianoserbiandistrict of Ekaterinoslavian province.The relationships between administration and workers in Luhans’k areinvestigated on the materials of clerical work of Ekaterinoslavian provinceand memoirs of participators on events. These sources are especially aboutthe behavior of workers from two big industrial enterprises – the Gartmanplant and the Cartridges plant. In the crisis periods, such as revolutions andwars, the social-political relations are sharpened and changeable. And revolutionsand wars left behind enough historical sources for studying workers’history.In the Luhans’k’s enterprises, there were – during the First Russian Revolution– the general town’s strike in February 1905, the attempt of the strike tothe 1st of May 1905 in the Gartman plant, the strike in the Gartman plant inJuly 1905, the mass unrest in December 1905, the attempt of strike to the 1stof May 1906 in the Gartman plant, the lockout in the Gartman plant in March1907 and the general town’s strike in July 1916 in the time of social-economicscrisis during the First World War. The studying of strikes, attempts ofstrikes and mass unrests in 1905–1907 and 1916 allows defining some featuresof collective’s activity of plant’s workers:1) the inconsistent solidarity of workers in the times of strikes. The generalunderstanding of oppressed status and necessity of fighting for their rightsspread among the workers during the strike’s waves, but this solidarity ofworkers didn’t cause to cooperative planned activities;2) the crisis of vertical relationships between administrators and workersin the time of strikes of 1905 and 1916. In Patron plant subordination and paternalismwere saved during the strike in February 1905, unlike in Gartmanplant, but not in the strike in 1916;3) the influence on workers of the revolutionary movement. Revolution ideasand local activists of illegal political parties were impacted of workers’ moods in the crisis times. In 1905 increasing of social-democrats’ activity in Luhans’kwas the aftermath of town’s strikes. But in 1916 the spreading of revolutionideas preceded the emergence in workers’ dissatisfaction with their ownsituation during the social-economics crises, which was the cause of generaltown’s strike;4) the workers’ capacity to spontaneous self-organization during strikesand making the continuous organization forms in the Gartman plant. In thisenterprise in 1906 was formed two workers’ organizations: pawnshop andprofessional association. This association conflicted with plant’s administrationin 1907 and headed the strikes in 1906.
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Talarico, Andrea. "Technological Strikebreaking: A Case Study of Quebec’s Anti-Scab Legislation." Sommaire 76, no. 3 (November 10, 2021): 587–606. http://dx.doi.org/10.7202/1083614ar.
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The right to strike has been constitutionally protected in Canada since 2015. In other jurisdictions where the right to strike is explicitly recognized in the constitution, protection against strikebreaking is recognized as part of that right. Only two Canadian provinces restrict the use of replacement workers during a strike or a lockout. Quebec’s Labour Code has provisions that prohibit the use of replacement workers at the employer’s establishment. Quebec arbitrators, courts, and boards have interpreted this ill-defined concept as a strictly physical location of production, while ignoring technological advances that make remote work possible. This paper examines how the restrictive interpretation of establishment allows a form of strikebreaking that the Spanish Constitutional Court has described as “technological strikebreaking” (esquirolaje technologico), while also allowing the use of technology already at the employer’s disposal to circumvent restrictions on replacement workers even when such technology is not routinely used. The impact of technology on strikebreaking is examined through two case studies: the successive lockouts at the Journal de Québec and the Journal de Montréal. In both cases, external contributors provided the newspapers with content electronically, thus allowing uninterrupted publication. Using Katz, Kochan and Colvil’s three-tier model of collective bargaining, this paper looks at how technological strikebreaking disrupts not only the balance of bargaining power but also bargaining strategy, and how, in the case of the Journal de Montréal, it led to devastating bargaining outcomes. Though the lockouts led to a call for legislative reform in 2011, legislative change is not necessary to align existing provisions with the goal of shortening labour disputes.
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Mehmood, Zafar. "ILO/ARPLA. Codes of Practice: A StructuralAnalysis. Bangkok: ILO (ARPLA). 1987. 88pp.US $ 2.00 Paperback." Pakistan Development Review 29, no. 3-4 (September 1, 1990): 350–54. http://dx.doi.org/10.30541/v29i3-4pp.350-354.
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ILO/ARPLA. Codes of Practice: A StructuralAnalysis. Bangkok: ILO (ARPLA). 1987. 88pp.US $ 2.00 Paperback. ILO/ARPLA. Monitoring Labour Markets. Bangkok: ILO (ARPLA). 1987. 11Opp.US $ 3.00 Paperback. ILO/ARPLA. Managing Contract Migration: Philippine Experience Observed. Bangkok: ILO (ARPLA). 1987. 68pp.US $ 3.00 Paperback. All three books deal with various issues concerning the labour market, such as basic agreements on industrial relations, labour market information, and managing temporary migration. (i) A Code of practice in industrial relations is a collective agreement and a moral instrument of voluntary partnership. The agreements are most often concerned with development and are not related exclusively to conflict resolution or conflict avoidance as explicit goals. It is not a Code of law, yet it determines the range of the moral authority of laws in practice. In many ways, a Code is the core of an industrial relations system. The objects of a Code are: to maintain discipline and industrial pace, to achieve greater industrial harmony, to develop and promote a compatible system of labour relations to ensure justice and fairness, and change in" work attitudes and productivity. The structure of a Code must incorporate elements of the approach to dispute settlement; the criteria for recognition of unions for consultation, the status of grievance- and consultative-machinery, and the status of the partism. The book on the Codes of Practice addresses the question as to how these objectives have been aligned structurally in the industrial relations of six Asian countries; India, Indonesia, Malaysia, Philippines, Singapore, and Thailand. The Indian Code of Discipline is such that the government is not a party to the agreements between management and union_ However, the government does keep the administrative machinery in good order. By structuring the agreements in three parts, responsibility is distributed in three spheres. For instance, industrial disputes, strikes, and lockouts have been placed in the joint sphere. Workload composition, employers' labour practices, and administrative responsiveness have been placed in the sphere of management, while the sphere of the union includes union activities. Thus, the Indian Code is prepared in such a way that violation of a single Code leads to total violation in both the joint and individual spheres. This dependence is both the substance and the moral authority ofthe Code.
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Isaac, Esther. "“Pure Means” and the Possibilities of the Past." Radical Philosophy Review 23, no. 1 (2020): 5–33. http://dx.doi.org/10.5840/radphilrev202032106.
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In his essay “Critique of Violence,” Walter Benjamin argued that only certain types of strikes can be considered revolutionary, while others—i.e., most bread and butter, or “political” strikes—tacitly rely on the violent logics of the state. This paper suggests, however, that by reading Benjamin against himself and applying his discussion of “pure means” to those “political” strikes, the extent to which even these basic collective actions represent effective “strategies of resistance” becomes evident. This framework requires an interdisciplinary approach to radical labor studies, combining political theory with history in order to identify and analyze past instances of joyful community-building during strikes. Relying also on a historical case study—the 1926 miners’ lockout in South Wales—and Benjamin’s own writings on the discipline of history, this paper contends that strikes, and the “alternative communities” they encourage workers and their families to build, present enormous revolutionary potential. When theory and history are studied together, and when we pay close attention to the actual tactics of solidarity that make up strike actions, this potential is uncovered.
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Blocki, Jeremiah, and Wuwei Zhang. "DALock: Password Distribution-Aware Throttling." Proceedings on Privacy Enhancing Technologies 2022, no. 3 (July 2022): 516–37. http://dx.doi.org/10.56553/popets-2022-0084.
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Large-scale online password guessing attacks are widespread and pose a persistant privacy and security threat to users. The common method for mitigating the risk of online cracking is to lock out the user after a fixed number (K) of consecutive incorrect login attempts. Selecting the value of K induces a classic security-usability trade-off. When K is too large, a hacker can (quickly) break into a significant fraction of user accounts, but when K is too low, we will start to annoy honest users by locking them out after a few mistakes. Motivated by the observation that honest user mistakes typically look quite different from an online attacker’s password guesses, we introduce DALock, a distribution-aware password lockout mechanism to reduce user annoyance while minimizing user risk. As the name suggests, DALock is designed to be aware of the frequency and popularity of the password used for login attacks. At the same time, standard throttling mechanisms (e.g., K-strikes) are oblivious to the password distribution. In particular, DALock maintains an extra “hit count" in addition to “strike count" for each user, which is based on (estimates of) the cumulative probability of all login attempts for that particular account. We empirically evaluate DALock with an extensive battery of simulations using real-world password datasets. In comparison with the traditional K-strikes mechanism, our simulations indicate that DALock offers a superior simulated security/usability trade-off. For example, in one of our simulations, we are able to reduce the success rate of an attacker to 0.05% (compared to 1% for the 3strikes mechanism) whilst simultaneously reducing the unwanted lockout rate for accounts that are not under attack to just 0.08% (compared to 4% for the 3-strikes mechanism).
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Awarab, Marvin R. "A critical analysis of Massmart Holdings and Others v South African Commercial Catering and Allied Workers Union [2022] ZALCJHB 119." Law, Democracy and Development 28 (July 16, 2024): 196–214. http://dx.doi.org/10.17159/2077-4907/2024/ldd.v28.9.
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South African law under the Labour Relations Act 66 of 1995 (LRA), as amended, confers on the Labour Court the power to adjudicate on issues relating to strikes and to grant an interdict and/or order the payment of just and equitable compensation for any loss attributable to the strike or lockout. At least 48 hours before the strike, workers or their trade unions must give written notice of their intention to strike to the employer, the applicable negotiating council, and the Commission for Conciliation, Mediation, and Arbitration. If a strike follows the law, workers who take part in it are shielded from being fired for no other reason than that they are striking. Employees on strike and their trade unions are shielded from lawsuits for any losses or harm sustained while on the protected strike. During an unprotected strike, workers lose the legal protections afforded by labour laws, leaving them open to legal action and possible termination. In the case under review - Massmart Holdings and Others v South African Commercial Catering and Allied Workers Union [2022] ZALCJHB 119 - the trade union, from whom the employer sought compensation for damages caused during a protected strike, objected to the Labour Court's jurisdiction as derived from the LRA. This article provides a critical review of the Labour Court's jurisdiction, particularly in the light of section 68 of the LRA, to order compensation. The analysis revisits previous judgments to test the correctness of the judgment given in the Massmart case.
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Wijayanti, Asri, Lelisari, Indah Kusuma Dewi, Chamdani, and Satria Unggul Wicaksana Prakasa. "THE MBOJO LOCAL WISDOM AS AN ALTERNATIVE FOR THE SETTLEMENT OF INDUSTRIAL RELATIONS DISPUTES." PETITA: JURNAL KAJIAN ILMU HUKUM DAN SYARIAH 7, no. 2 (November 1, 2022): 91–98. http://dx.doi.org/10.22373/petita.v7i2.151.
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Abstract: The problem in this study, namely the inability of workers to resolve industrial relations disputes which eliminates their rights. Unable to settle industrial relations disputes, can result in losses, strikes, lockouts, demonstrations, demonstrations, defamation, and destruction of other people's property up to the loss of one's life. This negative impact greatly affects the peace and comfort of work, national security, and stability. These problems will among others be overcome through advocacy to workers in dealing with industrial relations disputes. Mechanisms for resolving industrial relations disputes often do not give satisfactory results or fail if they are carried out based on formal truths. The advocacy model for workers in industrial relations disputes based on local wisdom of the Mbojo Tribe, Bima, Nusa Tenggara, will be an alternative solution for anticipating industrial relations disputes that cannot be resolved, as well as for achieving social justice for workers without harming employers. The purpose of this study is to describe the substance and procedure for resolving industrial relations disputes based on the local wisdom of the Mbojo Tribe, Bima, Nusa Tenggara, based on Islamic sharia. This legal research uses a conceptual and historical legislation approach. The results of the research obtained are that the local wisdom of the Mbojo tribe written in the BO book can be the basis for alternative solutions to build a dispute resolution system for industrial relations that is closer to the sense of community justice
Abstrak: Problem dalam penelitian ini, yaitu adanya ketidakmampuan pekerja dalam menyelesaikan sengketa hubungan industrial yang menghilangkan haknya. Tidak dapat terselesainya sengketa hubungan industrial, dapat mengakibatkan kerugian, terjadinya mogok, lock out, unjukrasa, demonstrasi, pencemaran nama baik, pengrusakan barang milik orang lain sampai dengan hilangnya nyawa seseorang. Dampak negatif ini, sangat mempengaruhi ketenangan dan kenyamanan kerja, keamanan dan stabilitas nasional. Problem ini diantaranya akan dapat diatasi melalui advokasi kepada pekerja dalam menghadapi sengketa hubungan industrial. Mekanisme upaya penyelesaian sengketa hubungan industrial, seringkali belum memberikan hasil yang memuaskan atau gagal apabila dilakukan berdasarkan kebenaran formal. Model advokasi pada pekerja dalam sengketa hubungan industrial berbasis kearifan lokal Suku Mbojo, Bima, Nusa Tenggara, akan dapat menjadi alternatif solusi atas antisipasi terjadinya sengketa hubungan industrial yang tidak dapat terselesaikan, serta untuk mencapai keadilan sosial bagi pekerja tanpa merugikan pemberi kerja. Tujuan penelitian ini adalah mendiskripsikan substansi dan prosedur penyelesaian sengketa hubungan industrial berbasis kearifan lokal Suku Mbojo, Bima, Nusa Tenggara, berdasarkan syariah Islam. Penelitian hukum ini menggunakan pendekatan peraturan perundang-undangan konseptual dan sejarah. Hasil penelitian yang diperoleh adalah kearifan lokal suku Mbojo yang tertulis dalam kitab BO dapat menjadi dasar alternatif solusi untuk membangun sistem penyelesaian sengketa hubungan hubungan industrial yang lebih dekat dengan rasa keadilan masyarakat.
Kata Kunci: Sengketa Hubungan Industrial, Suku Mbojo, Kearifan Lokal, Kitab BO, Hukum Islam
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Bowd, Gavin. "Franco-British communist solidarity in the miners' strikes of 1926, 1948 and 1984-85." Twentieth Century Communism 23, no. 23 (November 10, 2022): 96–119. http://dx.doi.org/10.3898/175864322836165544.
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The British and French communist movements have rarely been an object of comparison, partly because of the huge difference in fortunes enjoyed by the two parties. However, one important similarity between these neighbours was the size and importance of the countries' coal industries, as well as the militancy of their mining communities, where communism took root as a serious political and cultural force. This article examines acts of solidarity by British and French Communists during the most important miners' strikes of their parties' existence: the General Strike and Lockout of 1926, the French miners' action of 1948, and the British miners' last great struggle of 1984-1985. Through the study of archival documents, the press and other sources, we explore how these disputes constitute important moments in the history of British and French communism, as well as of their countries' respective labour movements. The dispute of 1984-1985 marks a culminating point that confirms the strengths and weaknesses of British and French communism's relationship with the miners.
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Hurl, Chris. "A Militancy of Invidious Comparisons." Labour / Le Travail 89 (May 27, 2022): 235–61. http://dx.doi.org/10.52975/llt.2022v89.009.
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This article examines the efforts to establish objective criteria in deciding on appropriate wage levels for non-professional service workers in Ontario’s hospital sector during the 1960s and 1970s. Drawing from recent literature in cultural political economy and the politics of valuation, it shows how industrial relations specialists sought to reframe the field of struggle through the practice of interest arbitration. Through a comparative study of arbitration cases in this period, the article explores the complex displacement of expertise from local hospital boards and medical professionals to law professors and labour economists, who sought to establish an industrial jurisprudence that could avoid strikes and lockouts in such essential industries by assigning awards based on the probable outcomes of industrial conflict. No longer were disputes settled through the ideological obfuscations of “justice”; instead, expert arbitrators drew on the science of economics in asserting irrefutable labour market “realities.” While pretensions to scientific expertise in the settlement of disputes remained hegemonic through the late 1960s, hospital workers in Ontario, through their unions and in alliance with New Left organizations, effectively reasserted “justice” as a highly contextualized unit of value through their militant struggles in the early 1970s. The article concludes by discussing the tensions and contradictions produced out of these struggles and the subsequent challenges in regulating public-sector labour disputes.
Cet article examine les efforts visant à établir les critères objectifs pour décider des niveaux de salaire appropriés pour les travailleurs des services non professionnels dans le secteur hospitalier de l’Ontario au cours des années 1960 et 1970. S’inspirant de la littérature récente en économie politique culturelle et en politique d’évaluation, il montre comment les spécialistes des relations industrielles ont cherché à recadrer le champ de la lutte par la pratique de l’arbitrage des intérêts. À travers une étude comparative des cas d’arbitrage de cette période, l’article explore le déplacement complexe de l’expertise des conseils d’administration des hôpitaux locaux et des professionnels de la santé vers les professeurs de droit et les économistes du travail, qui ont cherché à établir une jurisprudence industrielle pouvant éviter les grèves et les lock-out dans ces industries essentielles en attribuant des récompenses en fonction des résultats probables de conflit industriel. Les différends n’étaient désormais plus réglés par les obfuscations idéologiques de « justice » ; au lieu de cela, des arbitres experts se sont inspirés de la science économique pour affirmer des « réalités » irréfutables du marché du travail. Alors que les prétentions à l’expertise scientifique dans le règlement des différends sont restées hégémoniques jusqu’à la fin des années 1960, les travailleurs hospitaliers de l’Ontario, par l’intermédiaire de leurs syndicats et en alliance avec les organismes de la nouvelle gauche, ont effectivement réaffirmé la « justice » comme unité de valeur hautement contextualisée à travers leurs luttes militantes dans le début des années 1970. L’article conclut en discutant des tensions et des contradictions produites par ces luttes et des défis qui en découlent dans la régulation des conflits du travail dans le secteur public.
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Simeon, Dilip. "The great TISCO strike and lockout of 1928-Part 1." Indian Economic & Social History Review 30, no. 2 (June 1993): 135–61. http://dx.doi.org/10.1177/001946469303000201.
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McIlroy, John, Alan Campbell, Keith Laybourn, and Quentin Outram. "The General Strike and Mining Lockout of 1926: A Select Bibliography." Historical Studies in Industrial Relations, no. 21 (April 2006): 183–206. http://dx.doi.org/10.3828/hsir.2006.21.8.
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Kelloway, Phoebe. "Queensland Workers in the 1928 Waterside Strike." Labour History 116, no. 1 (May 1, 2019): 83–111. http://dx.doi.org/10.3828/jlh.2019.5.
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The 1928 strike of waterside workers against the Beeby Award was a national one, yet most of the histories of it concentrate on Melbourne. Queensland wharfies, like their Melbourne counterparts, had won improved working conditions that shipowners wanted to reverse. Watersiders in Brisbane and other Queensland ports, as well as Melbourne, stayed on strike for longer than anywhere else. This article examines Queensland wharfies’ role in the strike, including their efforts to extend it, and how their activities showed the divisions in that state’s labour movement. It situates the different positions that Waterside Workers’ Federation branches took in 1928 in the context of the industrial politics of notable ports. This article takes account of conflict between the McCormack state Labor government and militant unions, including a development in Bowen which was as much an epilogue to the 1927 railway lockout as it was part of the waterside strike.
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Mac Bhloscaidh, Fearghal. "The Caledon Lockout: Revolution and Counter-Revolution in Rural Ulster, 1918–1922." International Labor and Working-Class History 98 (2020): 193–215. http://dx.doi.org/10.1017/s0147547919000334.
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AbstractThis paper examines an unsuccessful strike by Irish Catholic and Protestant workers at a woolen mill in 1919. The location, Caledon in County Tyrone, is renowned as a stronghold of Ulster Unionism and Orangeism, yet in the context of the revolutionary period in Ireland from 1916–1926, traditional sectarian divisions briefly abated in the face of working-class solidarity. In this respect, the analysis offers something of a corrective to assumptions regarding the immutability of sectarian divisions in Ulster. The article also places Caledon within the context of a widespread and sustained movement of unskilled workers in the main provincial city, Belfast, and across much of rural Ulster between 1918–1920. Nevertheless, the manner in which the employer defeated the strike and the village's subsequent history of violent sectarianism offers valuable insights into the creation and consolidation of Northern Ireland, or what many local Catholics called “the Orange State,” which celebrates its centenary in 2020.
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Yasinskaya-Kazachenko, Angelika V. "Implementation of the constitutional right of workers to collective labor disputes at the level of «the right to strike»." Russian Journal of Labour & Law 14 (2024): 187–205. http://dx.doi.org/10.21638/spbu32.2024.111.
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The article is devoted to the study of the specifics of the implementation of the constitutional right of workers to collective labor disputes at the level of «the right to strike». The author considers: procedural, civil and public law principles of labor law in relation to the institution of «the right to strike»; reflexes of objective and subjective law based on a situational approach; limited «strike» legal capacity; delimitation of disputes so that there is no opposition of rights and interests, while a dispute about interest is only an integral part of a dispute about law; issues of creating a special permanent body, a strike fund; methodological features included in the definition of the concept of a strike; self-defense by employees of their economic and social interests; minimum required works (services); a historically recurring tendency to restrict or prohibit lockouts; and finally, a call is made for the identification of «compulsion to strike» requirements. The key points of the transformations are the legal assessment of the actual circumstances and their qualification. It is proposed to supplement and modify labor legislation with provisions on the release of parties to a collective labor dispute from liability for failure to fulfill their obligations due to a strike, along with the introduction of an additional legal liability. The phased introduction of conceptually well-thought-out changes and additions to labor legislation, filling in the gaps in terms of «reflection of law» and the settlement of disagreements is of relevance. At present, the positive experience accumulated by the world community in the area under study can be taken into account in the process of finalizing acts of labor legislation by supplementing them with provisions on non-traditional methods of organizing conciliation, mediation and arbitration procedures for resolving labor disputes, which most effectively contribute to the prevention of conflict situations.
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Narayanamurthy, Gopalakrishnan, Pradeep Kumar Hota, Surya Prakash Pati, and Manoranjan Dhal. "Maruti Manesar lockout: the flip side of people management." Emerald Emerging Markets Case Studies 5, no. 2 (April 16, 2015): 1–14. http://dx.doi.org/10.1108/eemcs-02-2014-0042.
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Subject area Human Resource Management (HRM), Industrial Relations, Labor Law (Indian business context), Organizational Behavior, Trade Union and Employer-Employee Relationship. Study level/applicability Academic students (MBA and BBA), management trainees, HR managers and top management of organizations interested in understanding the importance HRM practices. Case overview This case describes an Industrial Relations situation in an automobile company in India. It begins with the mention of Maruti Suzuki India Limited's (MSIL) brush with an unprecedented labor violence that rocked its Manesar facility on July 18, 2012, eventually leading to the lock out of the same on July 21, 2012. Further, it describes the background of the company, employer-employee relationship, a series of strikes experienced by the company, incidents that led to the violence, incidents that happened on the day of violence and finally actions taken after the violence by the company, the government and the union. With such details, the case raises questions on the prolonged people management issues afflicting MSIL. It endeavors to educate the discussants on the specifics of an industrial relations system and the role of each actor toward maintaining industrial peace. Expected learning outcomes Understanding the role of actors of industrial relations toward effective HRM in the organization. Analyzing the compliance of the actors under the existing labor laws as applicable to the organization. Comprehending the attitude of employees, employers and industry toward each other and also toward the job. To understand the nuances of people management function and its contribution toward the violence that eventually resulted in lockout. To comprehend various organizational behavior concepts that shall help synergize the employees' objectives and employer's goal. To analyze the complete incident with relevant organizational and industrial relations (IR) theories. Supplementary materials Teaching notes are available for educators only. Please contact your library to gain login details or email support@emeraldinsight.com to request teaching notes.
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Mailand, Mikkel. "Proactive employers and teachers’ working time regulation: Public sector industrial conflicts in Denmark and Norway." Economic and Industrial Democracy 40, no. 3 (August 2, 2016): 682–99. http://dx.doi.org/10.1177/0143831x16657414.
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Public sector industrial relations in Denmark are normally perceived as relatively consensual, and as a ‘model employer’ country with a strong collective bargaining tradition it is one of the countries where unilateral regulation could be least expected. However, in 2013, a lockout without any prior strike or strike-warning in the bargaining area for primary and lower secondary education only, came to an end through legislative intervention. The article includes three main arguments. First, the government and the public employers took these drastic steps because various factors created a rare ‘window of opportunity’ for them. Second, the reason a Norwegian industrial conflict in 2014 with a very similar point of departure ended very differently was first and foremost that the Norwegian process was not embedded in politics and policy reform to the same extent as the Danish process. Third, the Danish case shows that Denmark might not have escaped the trend towards unilateralism seen across Europe.
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Muthuchidambaram, S. "Settlement of First Collective Agreement: An Examination of the Canada Labour Code Amendment." Relations industrielles 35, no. 3 (April 12, 2005): 387–409. http://dx.doi.org/10.7202/029087ar.
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The purpose of this paper is to examine the rationale behind and provisions of a recent amendment to the Canada Labour Code, where the parties negotiating a first collective agreement are unable to reach agreement and have met all the legal requirements precedent to a strike or lockout, the Minister of Labour may direct the Labour Relations Board to inquire into the dispute and if advisable settle the terms and conditions of the first collective agreement. That agreement will be binding on the parties and in force for one year. The reactions of the organized labour and employers to this amendment are also discussed.
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Bruley, Sue. "The General Strike and Miners' Lockout of 1926 in South Wales: Oral Testimony and Public Representations." Welsh History Review / Cylchgrawn Hanes Cymru 26, no. 2 (December 2012): 271–96. http://dx.doi.org/10.16922/whr.26.2.5.
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Simeon, Dilip. "The great TISCO strike and lockout of 1928, Part 2: The enigmatic settlement and its aftermath." Indian Economic & Social History Review 30, no. 3 (September 1993): 311–35. http://dx.doi.org/10.1177/001946469303000303.
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Thomas, Patricia. "The Other Side of History: Underground Literature and the 1951 Waterfront Dispute." Back Story Journal of New Zealand Art, Media & Design History, no. 3 (December 1, 2017): 27–44. http://dx.doi.org/10.24135/backstory.vi3.27.
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In February 1951, industrial discord between New Zealand watersiders and British ship-owners led to a dispute that was seen by each as a lockout and a strike respectively. Throughout the duration of the dispute, the Trades Union Congress and Wellington Waterside Workers’ Union Action Committee produced and distributed substantial amounts of printed material to stiffen the struggle among its members, vilify strike-breakers and the National Government – whose ultimate aim it was to crush the Union –and to ridicule the police – who were the instruments ofenforcement against the newly-minted Waterfront StrikeEmergency Regulations. In defiance of Regulation 4(d),which banned the production and distribution of ‘seditious’literature, a steady stream of illegal leaflets, pamphlets,lino-cut illustrations and cartoons emerged from theGestetners and small presses in the homes of membersand supporters of the watersiders. While printed materialis touched upon in the documented examination of thedispute as a political and industrial struggle, it is never thefocus of discussion. This article examines the multi-modalrhetoric of the underground literature to form a pictureof one side of the story of what was, arguably, the mostdisruptive and divisive 151 days in the history of the NewZealand labour movement.
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Fontaine, Marion. "Sue Bruley, The Women and Men of 1926. The General Strike and Miners’ Lockout in South Wales." Clio, no. 38 (December 31, 2013): 324–27. http://dx.doi.org/10.4000/clio.11724.
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Bolle, Friedel. "Deterrence by Collective Punishment May Work against Criminals but Never against Freedom Fighters." Games 12, no. 2 (May 6, 2021): 41. http://dx.doi.org/10.3390/g12020041.
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The main goal of collective punishment (CP) is the deterrence of future “wrong-doing” by freedom fighters or terrorists, protesters against an authoritative government, polluters, students playing pranks on their teacher, football teams lacking enthusiasm, or soldiers showing cowardice to the enemy. CP could consist of the lockout of workers, additional training units for football teams, increased control of athletes and firms, up to the shooting of fellow villagers of assassins. I investigate two classes of problems. In one class, resistance against an authority is individually costly, but enough resistance can be successful (the production of a public good, for example, higher wages after a strike). In the other case, “resistance” is individually profitable (a criminal activity as pollution) and enough “resistance” produces a public bad. We find that, in the first situation, the announcement of CP never decreases the level of resistance. In the second situation, CP can be successful.
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Gibbs, Ewan. "Michael 'Mick' McGahey: Miner, communist and trade union leader." Twentieth Century Communism 23, no. 23 (November 10, 2022): 4–34. http://dx.doi.org/10.3898/175864322836165553.
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Michael McGahey was born in the Lanarkshire mining town of Shotts in 1925, a year before the general strike and miners' lockout. He died in 1999, the year that the Scottish Parliament, which he was credited with playing a leading role in bringing about, was established. McGahey had come to public prominence in the preceding decades as President of the National Union of Mineworkers Scottish Area (NUMSA) and a public face of British miners' industrial action in the 1970s and 1980s. This paper is based on trade union and archival records, as well as oral testimonies recorded with close comrades of McGahey, including his son, senior Scottish Communists and NUMSA officials. It firstly assesses the foundation of McGahey's worldview in the context of class struggle, personal and familial hardship and entering the mining industry as a young man. The second section overviews McGahey's evolution from a colliery activist to a national trade union leader, underlining his willingness to build pragmatic broad left alliances between Labour and Communist affiliated miners. Section three explores the the connection between McGahey's commitment to Communism and his support for a Scottish Parliament within the United Kingdom.
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Morris, Richard. "Job Control and Commonwealth Industrial Relations Policy: The 1920-21 Strike and Lockout of the Federated Marine Stewards and Pantrymen's Association." Labour History, no. 78 (2000): 163. http://dx.doi.org/10.2307/27516704.
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Crentsil, Justice Ebo. "Collective Bargaining Agreements In Industrial Conflict Resolutions In The Ghanaian Public Sector: Workers' Perspective." Archives of Business Research 9, no. 9 (October 8, 2021): 215–39. http://dx.doi.org/10.14738/abr.99.10606.
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In recent years, industrial conflicts have reached alarming proportions, especially in Ghana’s public sector. In some instances, workers resort to strike actions and marches when employers use lockout and other methods not approved by the Labour Act or set out in a collective agreement. In Ghana, several heads of institutions and the management of most public institutions make unilateral decisions without consulting collective bargaining agreements. Many structures have been thrown into disarray; thus, resulting in industrial tensions at one point or another. This study aims to assess how effective collective bargaining agreements are at resolving labour disputes. A descriptive survey design was used, and the study participants included members of the Public Service Workers’ Union (PSWU) with a sample size of 240 unionised staff members. Poor coordination, lack of shared respect and consultation, and an unfavourable attitude toward union leaders and members were discovered to be the key causes of industrial conflict in the public sector. Furthermore, problems relating to salaries and wages, redundancies and layoffs, gratuities and pensions, and bad working conditions were the other causes of industrial unrest in Ghana’s public sector. It was suggested that employers establish a constructive collective bargaining procedural and substantive rule to react swiftly to economic changes that impact workers’ terms and conditions of service.
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Bruley, S. "The Politics of Food: Gender, Family, Community and Collective Feeding in South Wales in the General Strike and Miners' Lockout of 1926." Twentieth Century British History 18, no. 1 (September 30, 2006): 54–77. http://dx.doi.org/10.1093/tcbh/hwl045.
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Barron, H. "The Women and Men of 1926: A Gender and Social History of the General Strike and Miners' Lockout in South Wales. By Sue Bruley." Twentieth Century British History 22, no. 1 (October 27, 2010): 133–35. http://dx.doi.org/10.1093/tcbh/hwq046.
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Wiczanowska, Hanna. "MUTUAL RELATIONSHIP BETWEEN FREQUENCY OF THE RIGHT TO STRIKE AND RECOGNITION OF THE RIGHT TO LOCKOUT WITHIN THE LEGAL SYSTEMS OF SELECTED EUROPEAN STATES." Toruńskie Studia Międzynarodowe 1, no. 9 (March 29, 2017): 87. http://dx.doi.org/10.12775/tis.2016.008.
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Gildart, Keith. "Sue Bruley. The Women and Men of 1926: A Gender and Social History of the General Strike and Miners’ Lockout in South Wales.Cardiff: University of Wales Press, 2010. Pp. xiii+202. $65.00 (cloth)." Journal of British Studies 50, no. 3 (July 2011): 758–59. http://dx.doi.org/10.1086/659820.
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Barron, H. "'Tis Very Embarrassing, Say What You Like, To be a Good Vicar in a Valley on Strike': The Church of England and its Relationship with the Durham Miners at the time of the 1926 Lockout." Twentieth Century British History 17, no. 3 (May 25, 2006): 350–72. http://dx.doi.org/10.1093/tcbh/hwl019.
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ROBERTSON, NICOLE. "The Women and Men of 1926: A Gender and Social History of the General Strike and the Miners’ Lockout in South Wales by Sue Bruley Gender and Political Identities in Scotland, 1919-1939 by Annmarie Hughes." Gender & History 23, no. 2 (July 22, 2011): 470–72. http://dx.doi.org/10.1111/j.1468-0424.2011.01648_17.x.
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Hamark, Jesper. "Strikes and lockouts: The need to separate labour conflicts." Economic and Industrial Democracy, October 19, 2021, 0143831X2110492. http://dx.doi.org/10.1177/0143831x211049274.
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Quantitative research on labour conflicts has offered innumerous insights into the workings of labour markets. With few exceptions this research is about conflicts, that is, strikes plus lockouts. The current situation is the result of practical difficulties separating strikes and lockouts, unwillingness by statistical bureaus to make the distinction, and the recommendation by leading scholars to refrain from distinguishing between the two types of conflicts. This article demonstrates that strikes and lockouts are not only theoretically distinct, their empirical manifestations differ. Employers and employees struggle over influence and division of income. Occasionally the two parties use, or threaten to use, their respective tools: the lockout and the strike. As long as the scientific community treats employers and employees as separate categories, we should also do the same with lockouts and strikes.