New Jersey Strike Laws on Employee Bargaining
- New Jersey employees have the right to strike when called by their union to do so. The federal government bars railroad and airline employees from striking until the union exhausts all of the negotiations require by the Railroad Labor Act. This act requires unions to complete a long negotiation process, mediated by the National Mediation Board, before the employees can legally strike. The board works to achieve compromises between labor and management to prevent strikes.
- Governor James McGreevy approved an executive order in 2002 authorizing Project Labor Agreements, or PLAs. These agreements contain prehire collective bargaining agreements between workers and management. PLAs promote safe, efficient and timely construction by setting the rules for a project's workers, including pay and hours, in exchange for guaranteeing the use of union workers for the duration of the project if the workers agree to finish the work without striking.
- The state does not allow firefighters and police to strike. These public servants must bargain through their union and, if they cannot reach agreement, allow a judge to settle the dispute. While state law forbids police and firefighters from striking, some departments have participated in a "blue flu." During a blue flu action, employees with available sick time use it to, effectively, shut down their departments until their employer makes concessions in the bargaining process.
- Participating in a legal strike does not guarantee that an employee will not lose his job. If a union's previous contract is still in effect at the time of the strike and it contains a no-strike clause, the employer can fire all of the employees without repercussion. If an employer illegally fires a striking employee, the employee can sue and not only receive his job back, but also receive back wages, according to the New Jersey's Conscientious Employee Protection Act.