STRIKE! An issue you may have to decide in the near future
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EDITOR'S NOTE: "S trik e !" As OPEU
member John Hevery points out, It Is a word
that Is much like war. Both are tilled with
emotion and with fear. Both promote
solidarity among opposing factions. Both are
actions that cannot be taken lightly.
Yet both are often misunderstood.
Unlike war though, most strikes are
authorized by a dem ocratic process.
'Countries never put the question of war to a
vote*of Its citizenry, but at some point—you
the union member—may be asked to decide
If a strike is the next weapon you want to use
In negotiating a new contract with the State.
It Is a decision each union member will
have to look at closely, because the process
Is long and the stakes can be high.
It is a decision that must take many factors
Into consideration. This article points out
many of the positive and negative con
sequences of striking and takes a look at
some of the reasoning that Is behind various
strike strategies. I hope that, If the time
comes, It will help make your decision on
whether or not to strike a little easier.
"The strike is a union’s ultimate weapon in
the bargaining process," says OPEU
executive director Thomas Gallagher. “ It
should only be used in conjunction with
contract issues that are of paramount
Importance to members."
He adds that since 1976, "The position of
this union has been to make every possible
effort toward responsible negotiations.
The result has been contracts that are among
the best received by state employes
anywhere in the nation.
OPEU's record In negotiating contracts Is
important to remember. All too often union
members feel the only way to get a good
contract is to strike. However, a strike Is an
action union members must be prepared to
wage.
strikes by public employes are legal. Rules
governing the conditions upon which state
workers may strike are well defined and the
process to gain authorization for a legal
strike Is a long one. (An explanation of the
statutes governing strikes by pub lic
employes Is in the accompanying box on this
page.)
These restraints on public employes’ right
to strike are due largely to the tremendous
impact strikes in the public sector can have.
“ Strikes by public employes have an
immediate Impact because of the great
number of vital services the public Is forced
to do Without," says James Gallagher, an
associate professor at the University of
Oregon Labor Education and Research
Center (LERC). “This is much different than
the private sector where management Is
often able to build inventories in the face of
strike threats."
LERC’s Gallagher points out that this
Immediate Impact significantly Influences
the way strikes are settled In the public
sector. “ Because management is respon
sible for services that the public has
demanded, the final decision to settle will
ultimately be based on political con
siderations, even though economic con
siderations may be of great Importance."
Vince Varnus, an Instructor at LERC,
points out that these political considerations
mean strike strategy of public employes will
be unique In many ways.
"Strikes in the public sector must be over
serious issues that if not resolved, would be
an injustice to the employe," says Varnuis.
"These Issues must then be presented to the
public so that they are understandable and
are viewed as equitable and just.”
He adds, “ The public is not so crass that
they view all issues In terms of dollars and
cents and taxes. They will look at the merits
of the situation.”
Varnus also maintains that if a strike in the
public sector Is to be effective, It should have
an "Immediate and devastating Impact.” He
adds that strikes by public employes‘are
usually successful only when they last from
one day to two weeks at the most.
Because wages account for anywhere
from 50 to 80 percent of a government
budget, Varnus points out that prolonged
p ublic sector strikes mean that the
substantial budgetary savings realized from
not paying strikers will begin to offset the
political pressures from thé public. “ At this
point, management may begin to hire
replacement personnel." he says.
Despite the often persistent threats by
management that strikers will be replaced,
wholesale change? In personnel rarely
happen. This Is especially true in legal
s trik e s ^ where hiring replacements is
grounds for filing an unfair labor practice.
"Management In state government usually
does not want to replace employes because
of the high costs of recruitment and training
and the losses In productivity and ef
ficiency,” says Varnus.
He says that when replacements are hired,
it is usually In Illegal strikes and Is often
designed to make examples of employes
who are at the front of the strike movement.
“ You see this most often In strikes by school
teachers. However, teachers’ unions have
been widely successful in getting these
employes returned to their positions by
maintaining a united front and refusing to
Road to legal strike “long, burdensome”
Oregon is one of six states where
strikes by public employes have been
legalized. However, this does not mean
that public employes can begin to set
up picket lines as readily as their union
counterparts in private business and
Industry.
Oregon statutes lay down specific
ground rules that must be followed If a
strike is to be legal. The rules make the
process long and burdensome for
public employes.
When no further movement Is being
made in negotiations, usually after
months of bargaining, either or both
sides must notify ERB of the Issues that
they are at impasse over. The Board
will then assign a mediator to help
settle th e d ispu te d areas.
If settlement has not been reached
after 15 days of mediation, the dispute
may be sent to faictfinding. At factfind
ing, the issues are reviewed by an
impartial observer or panel of observ
ers at a series of hearings. Both parties
can introduce evidence and examine
and cross-examine witnesses that are
pertinent to the dispute.
The factfindeds must issue their
recommendations on the disputed
issues within fi’ e days of the last
hearing. Howeve . their recommenda
tions are not binding and a 30-day
“ cooling-off” per od is required before
the union can gi e notice to ERB and
the State that t t intends to strike.
Employes'must g ve ERB and the State
at least W days W ic e of their intent to
strike and th e y \u s t specify which
issues they are striking over.
Once all these conditions have been
met, state employes may go on strike.
However, the State may petition in
circuit court to stop the strike, if it can
show the strike “ creates a clear and
present danger or threat to the health,
safety or welfare of the public."
If the court rules in favor of the State,
the disputed issues must go to binding
arbitration within 10 days.
Despite all these guidelines, not gll
public employes will be allowed to
legally participate in strike activity.
Oregon law prohibits strikes by public
employes who are in non-bargaining
units, by guards at correctional
institutions and mental hospitals and
by firemen and policemen. The law
also says that public employes who are
not le ga lly strik in g m ay no t refuse to
cross picket lines.
. . . . .
return to work until their fellow members
have been reinstated."
____ *
a n /1 t h o m a r i t i m a
ment
from the contractors and
the maritime
people."
A very important consideration in all
strikes, of course, is whether or not it will be
successful. “Successful strikes usually have
an immediate impact on building union
morale and solidarity and in increasing
membership," says Varnus. "At the same
time, management will be forced to make at
least some immediate consessions in
negotiations and will see the union in a much
more credible light in future negotiations."
This is not to say that only those clients of
agencies w ith considerable m onetary
interests need be considered in a strike.
On the other hand, Varnus points out that
an unsuccessful strike can have very
devastating effects on a union’s morale and
immediate and future bargaining positions
with management. He adds that in some
cases unsuccessful strikes have broken a
union or sent members looking for a new
representative.
LERC's Gallagher summed up the political
aspects of strikes by public employes this
way, "The only way you are going to win a
public sector strike is if management feels it
is politically necessary to settle."
“ Unions can only be successful in strikes if
they have irreplaceable numbers or if they
have irreplaceable skills,” says LERC's
Gallagher. He suggests that one of the most
important considerations in strike strategy
will be to determine services that will be
eliminated and the political impact of the
clientele that will be forced to do without
these services.
“ In a strike by Humbolt County (California)
employes, the political impact of only ten
employes was very significant in helping
reach a settlement,” Gallagher says. “ Seven
building inspectors were able to close down
three major subdivisions (that were under
construction) and three agricultural in
spectors were able to stop food from being
unloaded on the docks. The result was
considerable pressure on county manage-
"Just think for a minute about the impact
closing down AFS or CSD would have," says
OPEU’s Gallagher. "This is a very large
number of people who know how the system
works and how to make it work for them.
Their impact could be considerable."
Even so, because strikes are first and
foremost a negotiating tool, a union cannot
let public opinion totally dictate its position.
There are other factors that must be
considered.
John Sweeney, president of the Service
Employees International Union, maintains
that the right to strike is not as important as
the threat to strike; that the impact of a
credible threat to strike is often enough to
break an impasse in negotiations.
The key to Sweeney’s theory is that
management must perceive that the union is
serious in its threat and that it has the
solidarity and organization necessary to
orchestrate a successful strike.
“ If a union uses strike as a threat in
negotiations, but never follows through, the
impact on members and the loss in credibility
with management can be as bad as an
unsuccessful strike," says Varnus. "There
comes a time when a union needs to show
management that it is not afraid to strike and
that is has the capacity to do it effectively."
Finally, LERC’s Gallagher points out that a
strike may be needed to draw public
attention to poor management.
Gallagher stressed that a strike decision
must be based on widespread discussion of
the issues and evaluation of the strike's
merits by each union member. "The actual
decision on striking must be made by the
union members as a united group," he said.
"If you are up against inept management
(either as negotiators or as administrators of
government or both) you may need to strike,"
he says. "The public may be against you
initially—and you’ll have to take it on the
chin—but this is often the only way you can
point out that a change is needed."
Strikes by public employes must be
considered by many standards and ration
ale—some which are vastly different than
those used in the private sector.
Oregon Is one of only six states where
Early plans may pay dividends
Fellow OPEU member:
Just as war js the failure of
diplomacy, strike is the failure of
negotiation. Strike is an ugly word.
No one wants to think about a strike
as the consequences of a strike are
never good, but without that alterna
tive in the union’s arsenal of offensive
weapons, there is no bottom line.
1 don’t know anything that you
don’t know. Our bargainers have
kept us informed, and up-to-date on
all negotiation activity. But when all
else fails, we may have to use a strike
to make any gains at all.
To keep a strike from being
economically devastating, you must
begin your personal preparations
now, long before we may be required
to use this weapon. Begin by not
making new debts that could be
foreclosed in the event of a prolonged
strike. Make big payments on your
VISA and Mastercard bills in order to
reduce your balance. Avoid new
charges if possible. During a strike,
make minimum payments and no
charges. Start stockpiling nutritious
dry foods so that you can maintain
yourself and your family. Try to
squirrel away some of your monthly
salaries in order to maintain your
utilities. Make the sacrifice now,
when its easier. Stop driving your car
to work, put away the savings. Think
of creative ways to keep your head
above water.
I know it is not going to be easy, but if
you prepare for it and it doesn t happen,
you’re ahead of the game. If you pre
pare and it does happen, it won’t be
devastating.
John Havery
Dept. of Education
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