Striker Replacements: A Human Rights Perspective

Abstract

[Excerpt] United States labor law on workers' right to strike meets international human rights standards—up to a point. The law does not ban strikes in the private sector. Unlike many countries that nominally allow strikes but create onerous procedural obstacles (Mexico is a prime example), the United States, aside from modest notice requirements, lets workers decide to strike. In a handful of states, public-sector workers can strike. So far, so good. But beyond this point, U.S. labor law and practice deviate from international standards. In the public sector, most strikes are prohibited even with no threat to public health or safety (the main proviso developed by the International Labor Organization). In the private sector, employers' power to permanently replace workers who exercise the right to strike effectively nullifies that right.