Labor - Management Relations 357law from striking must go to arbitration to resolve negotiation impasse.
Such employees are those whose services may not be lost for even the shortest
time; police, fi re, and hospital employees are in this class. In the second
class are employees who might strike until there is a threat to public safety
and welfare, at which point a court may enjoin the strike and order arbitration.
In the fi nal class are all other employees who may strike after a majority
vote. Other employees may engage in strikes if there has fi rst been an
attempt at mediation with the employer and if a majority of employees in the
unit vote by secret ballot to authorize the strike.
In most states that permit public employee strikes, a set of stipulations
must be adhered to before a strike is considered allowable. For example,
Hawaii state statutes permit strikes for nonessential employees in a bar-
gaining unit if the unit has no process for binding arbitration. Before
these employees may strike, they must comply with impasse procedures,
sixty days must be allowed to elapse after the fact - fi nding board publishes
its recommendations, and the unit must give a ten - day notice of intent
to strike. Still, the Hawaii Labor Relations Board retains the right to set
requirements to avoid danger to public health or safety.
In Montana, nurses in public health care facilities are permitted to
strike only if written notice is given thirty days in advance and no other
health care facility within a l50 - mile radius intends to strike or is engaged
in a strike. These limitations to strike permit the public employer to take
action to prevent the strike or prepare for the absence of public workers.
If the restrictions concerning strikes are not adhered to, public employers
have the right to certain disciplinary actions toward the union and the
striking employees.
Even where strikes are permitted, many state statutes grant courts the
authority to issue injunctions or restraining orders if the strike presents a
danger to public health or safety. If a strike is enjoined by the courts, violation
of the court order could result in civil contempt penalties for the union and
employees.Grievance Arbitration
Grievance arbitration occurs when labor believes that management has
violated the terms of a labor contract and fi les a grievance. In grievance
arbitration, a neutral third party is asked to resolve the disagreement that
could not be settled by the involved parties. A hearing is held that enables
the parties to present evidence and testimony that support their respec-
tive positions on the case. After reviewing all of the evidence presented, the