Bargaining Law

The right to strike is a fundamental right that all employees should be entitled to strikes
that are lawful. However, the proposed law seeks to govern strikes to ensure that strikes happen
in an organized manner. Employees must give a one-month notice of a strike. The notice will
allow room for arbitration. A commission will be set up to ensure that it attempts to resolve all
work-related disputed. The employer and the leadership of the employees must be brought
together in an attempt to foster a peaceful working environment. The arbitration process will
involve all facts being tabled. The commission will then investigate and deliver its findings.
Should there be no amicable solution, employees can proceed with a strike. In case a court
process ensues, the commission will table its findings. This will aid the labor court in making an
informed judgment.
There are limitations to employees strikes. Employees are barred from striking based on
unlawful causes. If the strike is not grounded on a lawful dispute, the strike is illegal. For
example, a strike cannot be held to compel the employer to get supplies from a certain company.
Further, employers can seek a temporary injunction stopping a strike. The one-month notice
period is given to facilitate the employer from seeking relief through a court process. Employees
are barred from striking in case their contract ends within a period of five months. All strikes
must be peaceful, and the conduct of striking employees must be in line with both federal and
state laws. Misconduct of any kind will be punished.