Jurisdictional strike

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A jurisdictional strike is a term in United States labor law that refers to a concerted refusal to work undertaken by a union to assert its members' right to particular job assignments and to protest the assignment of disputed work to members of another union or to unorganized workers.[1] (Labor unions use the term jurisdiction to refer to their claims to represent workers who perform a certain type of work and the right of their members to perform such work.) The Taft-Hartley amendments to the National Labor Relations Act empowered the National Labor Relations Board to resolve such jurisdictional disputes and authorized the General Counsel of the NLRB to seek an injunction barring such strikes.[2] The NLRB, almost without exception, resolves jurisdictional disputes on the basis of the employer's preference in assigning work, with efficiency, custom and practice, and contractual obligations playing at most a secondary role.[2]

Jurisdictional strikes occur most frequently in the United States in the construction industry. Construction unions frequently resolve those disputes through a privately created adjustment system.[3]

In Australia, jurisdiction strikes are called demarcation disputes.

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  1. ^ Doherty, Robert Emmett. Industrial and Labor Relations Terms: A Glossary. 5th ed. Ithaca, N.Y.: Cornell University Press, 1989. ISBN 0-87546-152-2; Roberts, Harold Selig. Roberts' Dictionary of Industrial Relations. 4th ed. Washington, D.C.: BNA Books, 1994. ISBN 0-87179-777-1
  2. ^ a b Cox, Archibald; Bok, Derek Curtis; Gorman, Robert A.; et al. Labor Law: Cases and Materials. 13th ed. New York: Foundation Press, 2001. ISBN 1-58778-060-7; Raza, M. Ali and Anderson, A. Janell. Labor Relations and the Law. Upper Saddle River, N.J.: Prentice-Hall, 1996. ISBN 0-02-398691-3
  3. ^ Palladino, Grace. Skilled Hands, Strong Spirits: A Century Of Building Trades History. Ithaca, N.Y.: ILR Press, 2007. ISBN 0-8014-7414-0