Sympathy strike
Encyclopedia
Secondary action is industrial action
by a trade union
in support of a strike initiated by workers in another, separate enterprise. The term "secondary action" is intended to be distinct from a trade dispute with a worker's direct employer, and so may be used to refer to a dispute with the employer's parent company, its suppliers, financiers, contracting parties, or any other employer in another industry.
In most countries there are limits on the purpose for which people can go on strike, and in many English speaking nations restrictions have been placed on which organisations trade unions may strike against. In the US and UK workers can typically strike against their direct employer only. In continental Europe, secondary action is generally lawful and the right to strike is seen as a part of broader political freedom.
it is banned by sections 45D to 45E of the Trade Practices Act. In the 1910s, sympathy strikes were sometimes called in order to extend a strike beyond the bounds of any one Australian state
, thus making it eligible for handling by the Federal Arbitration Court.
, sympathy strikes were outlawed by the Trade Disputes and Trade Union Act of 1927 in the aftermath of the General Strike
. This was repealed by the Trade Disputes and Trade Unions Act 1946
, passed by the post-war Labour Government.
Secondary action remained legal until 1980, when the Conservative Government of Margaret Thatcher passed the Employment Act 1980
which restricted secondary action. This was followed a decade later by the Employment Act 1990, which outlawed secondary action entirely. The laws outlawing secondary strikes remain to this day. In 2005, union leaders in the U.K. called for the legalisation of secondary strikes in the aftermath of the strike action against the catering company Gate Gourmet
but Labour ministers stated that they had no intention of repealing the law.
. It is banned by the Sherman Antitrust Act
and by the Taft-Hartley Act
, which amends the National Labor Relations Act of 1935 (also known as the Wagner Act).
Because farm
laborers in the United States are not covered by the Wagner Act, the United Farm Workers
union has been able to legally use secondary boycotting of grocery store
chains as an aid to their strikes against California
agribusiness
es and to their primary boycotts of California grapes, lettuce
and wine
. The UFW's secondary boycotts involved asking consumers to stop shopping at a grocery store chain until such time as the chain stopped carrying the boycotted grapes or lettuce or wine.
Secondary boycotting is frequently confused with secondary striking, which is also a prohibited tactic for those labor unions covered by the Taft-Hartley Act. Some legal definitions for secondary boycotting divide it into two different kinds, secondary consumer boycotts as per the above definition of secondary boycotts, and secondary employee boycotts, also defined as a secondary strike.
Industrial action
Industrial action or job action refers collectively to any measure taken by trade unions or other organised labour meant to reduce productivity in a workplace. Quite often it is used and interpreted as a euphemism for strike, but the scope is much wider...
by a trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
in support of a strike initiated by workers in another, separate enterprise. The term "secondary action" is intended to be distinct from a trade dispute with a worker's direct employer, and so may be used to refer to a dispute with the employer's parent company, its suppliers, financiers, contracting parties, or any other employer in another industry.
In most countries there are limits on the purpose for which people can go on strike, and in many English speaking nations restrictions have been placed on which organisations trade unions may strike against. In the US and UK workers can typically strike against their direct employer only. In continental Europe, secondary action is generally lawful and the right to strike is seen as a part of broader political freedom.
Australia
In AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
it is banned by sections 45D to 45E of the Trade Practices Act. In the 1910s, sympathy strikes were sometimes called in order to extend a strike beyond the bounds of any one Australian state
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
, thus making it eligible for handling by the Federal Arbitration Court.
United Kingdom
In the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, sympathy strikes were outlawed by the Trade Disputes and Trade Union Act of 1927 in the aftermath of the General Strike
General strike
A general strike is a strike action by a critical mass of the labour force in a city, region, or country. While a general strike can be for political goals, economic goals, or both, it tends to gain its momentum from the ideological or class sympathies of the participants...
. This was repealed by the Trade Disputes and Trade Unions Act 1946
Trade Disputes and Trade Unions Act 1946
The Trade Disputes And Trade Unions Act 1946 was a British Act of Parliament passed by post-war Labour government to repeal the Trade Disputes and Trade Unions Act 1927.-Repeal:...
, passed by the post-war Labour Government.
Secondary action remained legal until 1980, when the Conservative Government of Margaret Thatcher passed the Employment Act 1980
Employment Act 1980
The Employment Act 1980 is an Act of the Parliament of the United Kingdom, mainly relating to trade unions.-Overview:It restricted the definition of lawful picketing and introduced ballots on the existence of the closed shop where it operated, needing 80% support of the workers to be maintained....
which restricted secondary action. This was followed a decade later by the Employment Act 1990, which outlawed secondary action entirely. The laws outlawing secondary strikes remain to this day. In 2005, union leaders in the U.K. called for the legalisation of secondary strikes in the aftermath of the strike action against the catering company Gate Gourmet
Gate Gourmet
Gate Gourmet is an airline catering firm with headquarters on the grounds of Zürich Airport, Switzerland, near Zürich.Gate Gourmet was founded in 1992, and is the world's largest independent airline catering, hospitality and logistics company...
but Labour ministers stated that they had no intention of repealing the law.
- National Sailors’ and Firemen's Union v Reed [1926] Ch 536
- Express Newspapers ltd v MacShane [1980] ICR 42
- Duport Steel Ltd v Sirs [1980] ICR 161
United States
Secondary action is illegal in the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. It is banned by the Sherman Antitrust Act
Sherman Antitrust Act
The Sherman Antitrust Act requires the United States federal government to investigate and pursue trusts, companies, and organizations suspected of violating the Act. It was the first Federal statute to limit cartels and monopolies, and today still forms the basis for most antitrust litigation by...
and by the Taft-Hartley Act
Taft-Hartley Act
The Labor–Management Relations Act is a United States federal law that monitors the activities and power of labor unions. The act, still effective, was sponsored by Senator Robert Taft and Representative Fred A. Hartley, Jr. and became law by overriding U.S. President Harry S...
, which amends the National Labor Relations Act of 1935 (also known as the Wagner Act).
Because farm
Farm
A farm is an area of land, or, for aquaculture, lake, river or sea, including various structures, devoted primarily to the practice of producing and managing food , fibres and, increasingly, fuel. It is the basic production facility in food production. Farms may be owned and operated by a single...
laborers in the United States are not covered by the Wagner Act, the United Farm Workers
United Farm Workers
The United Farm Workers of America is a labor union created from the merging of two groups, the Agricultural Workers Organizing Committee led by Filipino organizer Larry Itliong, and the National Farm Workers Association led by César Chávez...
union has been able to legally use secondary boycotting of grocery store
Grocery store
A grocery store is a store that retails food. A grocer, the owner of a grocery store, stocks different kinds of foods from assorted places and cultures, and sells these "groceries" to customers. Large grocery stores that stock products other than food, such as clothing or household items, are...
chains as an aid to their strikes against California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
agribusiness
Agribusiness
In agriculture, agribusiness is a generic term for the various businesses involved in food production, including farming and contract farming, seed supply, agrichemicals, farm machinery, wholesale and distribution, processing, marketing, and retail sales....
es and to their primary boycotts of California grapes, lettuce
Lettuce
Lettuce is a temperate annual or biennial plant of the daisy family Asteraceae. It is most often grown as a leaf vegetable. It is eaten either raw, notably in salads, sandwiches, hamburgers, tacos, and many other dishes, or cooked, as in Chinese cuisine in which the stem becomes just as important...
and wine
Wine
Wine is an alcoholic beverage, made of fermented fruit juice, usually from grapes. The natural chemical balance of grapes lets them ferment without the addition of sugars, acids, enzymes, or other nutrients. Grape wine is produced by fermenting crushed grapes using various types of yeast. Yeast...
. The UFW's secondary boycotts involved asking consumers to stop shopping at a grocery store chain until such time as the chain stopped carrying the boycotted grapes or lettuce or wine.
Secondary boycotting is frequently confused with secondary striking, which is also a prohibited tactic for those labor unions covered by the Taft-Hartley Act. Some legal definitions for secondary boycotting divide it into two different kinds, secondary consumer boycotts as per the above definition of secondary boycotts, and secondary employee boycotts, also defined as a secondary strike.
See also
- UK labour law
- US labor law
- BoycottBoycottA boycott is an act of voluntarily abstaining from using, buying, or dealing with a person, organization, or country as an expression of protest, usually for political reasons...
, for the related consumerConsumerConsumer is a broad label for any individuals or households that use goods generated within the economy. The concept of a consumer occurs in different contexts, so that the usage and significance of the term may vary.-Economics and marketing:...
concept