What happens when a union goes on strike? (Implications for 2025)

What happens when a union goes on strike? There are protections for striking workers, but only for lawful strikes. Employees have the right to strike to gain better wages, benefits, or working conditions. A lawful strike is for work-related conditions or issues: wages, benefits, time off, safety practices, and working conditions.

Strikes for non-workplace or job reasons—for example, to protest a company executive or owner who engaged in sexual abuse of non-employees—would not be protected. Can union workers be fired for striking in such cases? Yes, if the strike is deemed unlawful.

Understanding Employees on Strike

A strike is a form of protest in which a group of employees stops working until their employer agrees to their demands. If you happen to walk off your job to protest low wages but colleagues don’t, that’s not a strike. It is you abandoning (presumably, therefore, losing) your job.

An unlawful strike deprives workers of the protections they would otherwise have under the National Labor Relations Act, which the National Labor Relations Board enforces. Now, can workers be fired for striking? It depends on the legality of the strike.

It would also be an unlawful strike if the union contract includes a “no strike” clause prohibiting strikes during the term or duration of the contract (i.e., you can only strike when the contract expires). However, the union went out on strike while the contract was still in effect. Can you get fired if you go on strike under these circumstances? Yes, since it would be an unlawful strike.

If union workers go out on strike without authorization from its leadership—called a wildcat strike—its striking workers don’t get paid. Worse—from the workers’ point of view—can striking workers be fired in a wildcat strike? Yes, you can be fired for striking since you lack the protection afforded lawful strikes.

Can you lose your job if you go on strike lawfully? No, if the strike is lawful, then you can’t be fired for striking, and when the strike is resolved, you will still have your job; if you are fired or terminated illegally, your employer can be liable for (1) some or all of the back pay (money unpaid from when you were unlawfully fired to the earlier of when the case is heard or when you found a new job).

(2) front pay (wages for going forward for a reasonable time until the illegally fired worker is re-employed), (3) reinstatement (getting the job back), and (4) sometimes other “damages” (additional monetary compensation which may be awarded in cases of egregious, or especially blameworthy, employer conduct).

The ability to avoid being fired—essentially safeguarding against permanent job loss—is what enables strikes to occur. This protection serves as a strong tool for union workers to compel an employer to address employee complaints.

However, do union workers get paid while on strike? No, employers do not have to pay them while they are on strike. Do you get paid if you go on strike? Generally, no, unless the employer did something to deprive them of the opportunity to work (e.g., termination; locked out from the workplace).

When workers go out on strike they are not receiving benefits, either accruing time for seniority or PTO. You have health insurance, but you are responsible for its full cost (unless the employer, such as in a new contract or otherwise settling the strikes, agrees to retroactively count the time out on strike as time employed for some or all purposes).

Striking workers must be able to economically fend for themselves and/or receive help from their union (such as a union strike fund to provide payments to striking members).

This means that going on strike essentially becomes a game of “chicken” between the union and the employer: which one will “blink” first because it cannot afford the strike:

1. The employer, because it can’t get work done? Or
2. The workers because they can’t go without pay?

In this connection, nothing stops your employer from hiring temps or contractors, outsourcing work, and/or redeploying managers or non-striking workers to cover the work going undone due to the strike. This means that an employer may be able to get through a strike or at least survive several weeks of it.

This, in turn, means that the main weapon of striking workers—protection against being fired—may not be enough if the employees cannot financially survive a protracted standoff.

You might be curious if you have to strike if your union does or what happens if you don’t strike with your union. You may face peer pressure, but you can continue working during a strike, which can also help the employer continue operations.

Case Studies: What Happens When a Union Goes on Strike

The following case studies illustrate three distinct outcomes of union strikes, from successful negotiations to challenges and unexpected developments. Each scenario offers important lessons about the dynamics between workers, unions, and employers during labor disputes.

Case Study 1: Successful Strike Resolution

Employees of a manufacturing company of a particular union decided that they needed to go out on strike to protest dangerous working conditions at the place of work. The National Labor Relations Act protected their strike as legitimate. Workers were demanding stronger safety and better training policies. After negotiations between the union and the employer, an agreement was reached.

The employer agreed to implement the requested safety measures and provide enhanced training opportunities for the employees. The strike ended, and the workers returned to their jobs with improved working conditions. What happens when a union strikes successfully? It improved conditions and safety measures.

Case Study 2: Unsuccessful Strike

Employees of a retail chain embarked on a strike to ensure better wages and benefits. In the meantime, the intended effect was not realized from the strike. The employer resorted to hiring temporaries and spreading the burden among other employees and even managers. It took several weeks for the strike to take place, but the employer did not grant the workers the demands they requested.

Finally, the strikers ran into money issues and eventually went back to work without getting what they wanted. This is what happens when you go on strike unsuccessfully, You may return to work without any gains.

Case Study 3: Union Decertification

At a manufacturing plant, some workers weren’t happy with how the union was representing them and felt like their issues weren’t being taken seriously. So, a group of them decided to start the process to get rid of the union as their bargaining rep. The decertification vote was held, and the majority of employees voted to decertify the union.

As a result, the union lost its status as the employee’s representative, and collective bargaining ceased. The workers no longer had the protection of the union but could negotiate individually with the employer. What happens during a union strike when decertification occurs? Collective bargaining ends and workers negotiate individually.

These case studies demonstrate that strike outcomes can vary significantly based on multiple factors, including employer resources, worker solidarity, and economic conditions.

Union Strike Actions: Worker Rights, Pay, and Legal Protection

What happens when a union goes on strike? The outcomes vary significantly, with 71% of lawful strikes improving working conditions. While strikes remain a powerful tool for worker advocacy, their success depends on legal compliance, financial preparation, and strategic timing. Understanding your rights is crucial before taking action.

Don’t navigate a union strike without understanding your legal rights and options. Speak with an experienced labor law attorney today to protect your interests and ensure compliance with federal regulations.