The right to strike
(2005)Department of Business Law
- Abstract
- This essay is a comparison of the American and the Swedish labor law systems regarding the right to strike.
American unions generally have a tougher time than Swedish unions to get by. Not only do they have to fight the employers, the federal government does not give much support either and the union dislike is widely spread amongst the population. This goes back all the way to the beginning of the American unionization in the 1790’s. In the 1930’s and the 40’s the Congress passed some union friendly laws. However, after WWII and with the growing fear of communism, the attitudes changed to be more fiercely hostile, which still today is the common approach in the US towards unions.
The US regulations are many and sometimes arbitrary, which... (More) - This essay is a comparison of the American and the Swedish labor law systems regarding the right to strike.
American unions generally have a tougher time than Swedish unions to get by. Not only do they have to fight the employers, the federal government does not give much support either and the union dislike is widely spread amongst the population. This goes back all the way to the beginning of the American unionization in the 1790’s. In the 1930’s and the 40’s the Congress passed some union friendly laws. However, after WWII and with the growing fear of communism, the attitudes changed to be more fiercely hostile, which still today is the common approach in the US towards unions.
The US regulations are many and sometimes arbitrary, which lead the courts to making sometimes contradictory rulings. Nonetheless, one general principle is that primary conflicts are legal and secondary are not. If the objectives of the strike regard the own employer it is legal, but if another employer gets involved it is deemed illegal. For the workers the most common measure of strike is picketing. The strikers stand outside the workplace to prevent non-strikers and strike breakers to enter. The best way for an employer to fight a strike is to keep the production going by taking in strike breakers, which is socially accepted.
As the American unions, the Swedish ones also had a tough time in the beginning. Though, as the social democrats gained power and influence the unions did too. A collaborative spirit emerged in the labor market in the beginning of the 20th century which would give a general peace that lasted for almost 70 years. In the 1970’s much legislation was passed, which still is valid today. The Swedish unions still enjoy much support both from the population and the government, although the member percentage is declining.
The Swedish regulations are very union oriented and workers have much protection regarding their right to strike. However, it is only the unions that can initiate measures of strikes. The individual worker does not possess such a right. Since the implementation of international conventions the right not to be a union member has been strengthened.
The differences between the American and the Swedish system are many. The US favors the employers’ right to do business whereas Sweden puts the workers’ rights before the employers’. For the future I see the US strengthen its international relationships in order to fight cheep, foreign competition. Sweden, by my opinion, will have to adapt to international standards and the privilege position in which the unions are now will end. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1644300
- author
- Hansson Vazquez, Annika
- supervisor
- organization
- year
- 2005
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- Right to strike, International labor law, Union history, American labor law, American strikes, Juridical science, Rättsvetenskap, juridik
- language
- English
- id
- 1644300
- date added to LUP
- 2005-06-13 00:00:00
- date last changed
- 2010-08-05 13:23:45
@misc{1644300,
abstract = {{This essay is a comparison of the American and the Swedish labor law systems regarding the right to strike.
American unions generally have a tougher time than Swedish unions to get by. Not only do they have to fight the employers, the federal government does not give much support either and the union dislike is widely spread amongst the population. This goes back all the way to the beginning of the American unionization in the 1790’s. In the 1930’s and the 40’s the Congress passed some union friendly laws. However, after WWII and with the growing fear of communism, the attitudes changed to be more fiercely hostile, which still today is the common approach in the US towards unions.
The US regulations are many and sometimes arbitrary, which lead the courts to making sometimes contradictory rulings. Nonetheless, one general principle is that primary conflicts are legal and secondary are not. If the objectives of the strike regard the own employer it is legal, but if another employer gets involved it is deemed illegal. For the workers the most common measure of strike is picketing. The strikers stand outside the workplace to prevent non-strikers and strike breakers to enter. The best way for an employer to fight a strike is to keep the production going by taking in strike breakers, which is socially accepted.
As the American unions, the Swedish ones also had a tough time in the beginning. Though, as the social democrats gained power and influence the unions did too. A collaborative spirit emerged in the labor market in the beginning of the 20th century which would give a general peace that lasted for almost 70 years. In the 1970’s much legislation was passed, which still is valid today. The Swedish unions still enjoy much support both from the population and the government, although the member percentage is declining.
The Swedish regulations are very union oriented and workers have much protection regarding their right to strike. However, it is only the unions that can initiate measures of strikes. The individual worker does not possess such a right. Since the implementation of international conventions the right not to be a union member has been strengthened.
The differences between the American and the Swedish system are many. The US favors the employers’ right to do business whereas Sweden puts the workers’ rights before the employers’. For the future I see the US strengthen its international relationships in order to fight cheep, foreign competition. Sweden, by my opinion, will have to adapt to international standards and the privilege position in which the unions are now will end.}},
author = {{Hansson Vazquez, Annika}},
language = {{eng}},
note = {{Student Paper}},
title = {{The right to strike}},
year = {{2005}},
}