Strikes, Picketing & Lockouts

A strike is when workers stop work together to press their employer, and a picket line is how they publicize the dispute. Federal law protects some strikes and picketing, and limits others. The rules decide whether strikers can be fired or replaced, so it is important to know which kind of action it is before anyone walks out.

• Union Members
• Workers
• Employers

The basic right to strike

• Section 7 of the National Labor Relations Act (NLRA) protects the right of most private-sector employees to engage in concerted activity for mutual aid or protection, which includes striking. See Right to Organize.
• That right applies to union and nonunion workers who act together. Two or more employees refusing to work over a shared workplace complaint, like unsafe conditions or low pay, may be engaged in protected activity.
• Not every strike is protected, and some workers (such as many public employees and supervisors) have no right to strike. See below.

Types of strikes

Whether a strike is economic or ULP depends on the facts, and it affects the right to reinstatement, so workers should get advice from the union or the NLRB.

Strikes over unsafe conditions

• Section 502 of the Labor Management Relations Act says that a walkout by employees over abnormally dangerous conditions is not a strike if made in good faith and supported by objective evidence of the danger. That means a no-strike clause in a contract may not prevent it.
• OSHA also protects an individual’s right to refuse imminently dangerous work in narrow circumstances. See Imminent Danger and Worker Rights.
• Workers acting together to complain about unsafe conditions are protected from retaliation. See Whistleblower Protection.
• These protections are limited. The danger must be real, and workers should notify the employer, document what they saw and try to get the problem fixed. Talk to your union rep or a lawyer before walking out if you can.

No-strike clauses and contract rules

• Most union contracts include a no-strike clause, in return for a grievance and arbitration process. During the contract, strikes over issues covered by the contract are generally not allowed and can lead to discipline.
• The clause usually doesn’t cover safety walkouts (above) or strikes over employer unfair labor practices, depending on the wording.
• Contracts may require a vote, a notice period or union approval before a strike. Check the union’s constitution and the contract. See Collective Bargaining & Contract Negotiations.
• Before a contract ends, notice rules apply: the union must give 60 days’ notice, and notify the mediation service 30 days later, before a strike. Health care institutions have extra notice rules. Strikes during that period may be unprotected.

Picketing

• Picketing means standing near a workplace with signs to tell the public about a labor dispute. It is a form of free speech, and is protected, if peaceful and lawful.
• Primary picketing targets the employer in the dispute and is generally legal.
• Secondary boycotts are prohibited. Unions can’t picket or pressure a neutral employer, such as a customer or supplier not involved in the dispute, to stop doing business with the primary employer (NLRA Section 8(b)(4)). Handbilling and peaceful appeals to the public are treated differently from picketing, so rules differ.
• Common situs picketing: on a construction site with many employers, a union may picket the primary employer, but it has to follow the standards (known as the Moore Dry Dock standards) to avoid hitting neutral contractors: it must be limited to times the primary employer is on site, be close to that employer’s work, and say clearly who the dispute is with. Many sites use separate gates for the primary and neutral employers.
• Recognitional and organizational picketing to force an employer to recognize a union is limited. It generally can’t continue for more than 30 days without a petition for an election in many cases (Section 8(b)(7)).
• Picketers must stay on public property or follow local rules. Employers, police and courts may restrict blocking entrances, violence, threats or harassment. Violence and property damage are not protected and can lead to arrests and firings.
• Workers have the right to refuse to cross a lawful picket line in many cases, but contracts may restrict that, and employers may react differently. Check your contract.

Lockouts

• A lockout is when the employer keeps workers out of the workplace to pressure the union in a bargaining dispute.
• Under the NLRA, an offensive or defensive lockout after the contract ends and bargaining has reached impasse may be lawful. Lockouts to punish union activity are unlawful.
• Employers may use temporary replacements during a lockout, but not permanent ones in most cases.
• Locked-out workers may be able to collect unemployment benefits in some states, but rules vary.

What strikers and others get

• Pay and benefits: strikers aren’t paid wages by the employer. Unions may pay strike benefits from strike funds. Employer-paid health coverage may end, and strikers may be able to continue it at their own cost (see keeping health insurance).
• Unemployment benefits: most states don’t pay people on strike, but a few do, and some pay locked-out workers. Check your state workforce agency.
• Returning to work: workers who make an unconditional offer to return are entitled to reinstatement as openings occur (economic strikers), or immediately (ULP strikers), as explained above.
• Discipline for misconduct: employers may discipline or discharge strikers for serious misconduct such as violence.
• Other workers may be affected: non-striking workers who cross a picket line face different rules, and union members may be subject to union rules and penalties.

Public employees and others

• Federal employees are prohibited from striking by law.
• State and local public employees: many states ban public employee strikes, especially for police and firefighters, and a few allow limited strikes. Penalties can be severe.
• Supervisors and independent contractors aren’t protected by the NLRA, and independent contractors can’t strike.
• Railway and airline workers are under the Railway Labor Act, with long mediation steps before a strike.
• Check which law covers you, since the results differ.

If you’re thinking about a strike

• Talk to your union or a labor lawyer first. Know the contract, the notice rules and what the NLRB would say about the type of strike.
• Document the issue, especially for safety, with photos, written complaints and witnesses.
• Plan for finances: strike benefits, savings, health insurance and what happens to rent, loans and other bills.
• Stay peaceful and lawful, and follow picketing rules.
• File a charge with the NLRB within six months if the employer retaliates or commits an unfair labor practice. See Where to Get Help and Wrongful Termination.

Quick checks

• I know whether this would be an economic, ULP or safety walkout, and what that means for replacement
• I checked my contract for a no-strike clause and notice rules
• Picketing is peaceful, stays at the primary employer and follows common situs rules
• I know my state’s rules on unemployment benefits for strikers and locked-out workers
• I documented safety concerns and tried to get them fixed first
• I talked to my union or a lawyer, and I know the 6-month NLRB deadline

Last updated: October 4, 2026