32 Compensation and Working Conditions Fall 1998

1982-97 State and

Local Government

Work Stoppages

and Their Legal

Background Legal or not, State and local government

workers’ strikes have occurred over the

years—some fairly early in the

Nation’s history.

MICHAEL H. CIMINI

Michael H. Cimini is an economist in the Division of Compensation Data

Analysis and Planning, Bureau of Labor Statistics.

Telephone (202) 606-6275

E-mail: Cimini_M@bls.gov

Unions or employee associations represented about 6.4 million State and local government workers (43 percent) in

1997. They received collective bargaining rights through a

patchwork of laws, administrative decisions, and court cases.

The decisions to allow public sector employees to organize

and bargain collectively came through a conscious weighing of benefits and costs associated with bilateral negotiations. Even in those cases where public sector employees

have been given the legal right to join unions and bargain

collectively, there are important differences in governments’

willingness to tolerate strikes and disruptions of public services.

The following article details various aspects of work stoppage activity in State and local government from 1982-97.

The data come from the Bureau of Labor Statistics’ work

stoppage series, which covers all strikes and lockouts idling

1,000 or more workers. In the following discussion, the

terms “work stoppages” and “strikes” are used interchangeably.

Legislative background

In 1926, railroad workers were given the right to organize,

join labor organizations, and bargain collectively under the

Railway Labor Act. Airline employees were covered under

the act in 1936. All other private sector nonagricultural

workers were given similar rights in 1935 under the National Labor Relations Act. Subsequent labor laws, such as

the Labor Management Relations Act of 1947, reinforced

those rights. But Federal law did not guarantee collective

bargaining rights to State and local government employees.

This does not mean that State and local government

employees did not organize. Teacher associations were first

formed in the 1850s, and police and firefighter unions in

the 1880s, but they were unsuccessful in gaining collective bargaining rights.

Although some local government workers—such as

municipal employees in Philadelphia, Pennsylvania—were

covered under collective bargaining agreements as early

as the late 1930s, unionization in State and local government did not blossom until the 1960s and 1970s after President Kennedy issued Executive Order 10988.1

Even though the Executive Order only directly affected

the Federal sector by guaranteeing to unions of Federal

government workers certain rights of organization, consultation, and processing of grievances, it stimulated the

drive for unionization among State and local government

workers. Following its issuance, States adopted a variety

of legal authorizations for dealing with organizations of

public employees. The most notable development was the

enactment of laws in a majority of States that relate to collective bargaining. Some laws were comprehensive, broadly

covering all classes of employees, defining the scope of

bargaining and establishing administrative machinery to

support labor-management arrangements. Others dealt

only with specific groups of employees such as police,

firefighters, or teachers. There were variations in the status accorded collective bargaining—mandatory in some

instances, permissive in others, and with “meet and confer” provisions in still others.2

Work Stoppages
 Compensation and Working Conditions Fall 1998 33

Work Stoppages

Collective bargaining laws3

About two-thirds (10.3 million) of the Nation’s State and

local government workers were employed by States with

public sector collective bargaining laws during 1994-96.

About three-fifths of these workers were covered under

collective bargaining contracts. In contrast, in States where

collective bargaining laws were not in place, only one-fifth

of State and local government workers were represented

by a union or employee association.

State government employees. Of the 50 States, 26 have

granted State employees unqualified collective bargaining

rights. Two other States have enacted laws granting their

employees the right to bargain over working conditions.

Together these 28 States employed 3 million State workers,

49 percent of whom were covered by collective bargaining

agreements during 1994-96. (See table 1.) During 1994-

96, in the remaining 22 States which do not guarantee collective bargaining rights, unions or employee associations

represented only 15 percent of the 2.1 million State workers.

Local government employees. Of the 50 States and the

District of Columbia, 28 permit all local government employees to have collective bargaining rights. (See table 2.)

Nine additional States have enacted collective bargaining

laws that cover only certain types of local government employees—-usually teachers and to a lesser extent public

safety workers. Of these 37 States, 2 have “opt in” laws,

which allow local governments the option of having their

employees covered by prevailing public sector collective bargaining laws; and 1 has an “opt out” law, whereby local

governments are covered under the law unless they specifically declare that they do not want to be.

Fifty-eight percent (6.1 million) of the local government

employees in these 37 States where employees have bargaining rights were covered under a collective bargaining

contract. In contrast, only 25 percent of the 2.5 million

employees belonged to unions or employee associations in

the remaining States where there are no State guaranteed

bargaining rights or where employees enjoy bargaining

rights only because of local ordinances.

Right to strike

Legal or not, State or local government workers’ strikes

have occurred over the years—some fairly early in the

Nation’s history. In 1835, municipal workers in Philadelphia conducted one of the earliest recorded work stoppages

(over demands for a shorter work week). The first recorded

teachers’ strike occurred in Pennsylvania in 1880, when

eight teachers went on strike for an advance in wages. Furnace attendants in New York City engaged in strike activity in 1886, 1887, and 1893. Garbage- and ash-cart drivers

in New York City walked off their jobs in 1888 because

they had not been paid. Clerks in the Relief Bureau of

Johnstown, Pennsylvania, struck over a wage cut in 1889.

Policemen in Ithaca, New York, also went on strike over

wages in 1889. And firefighters in Tampa, Florida, walked

off their jobs in January 1903 because of “personal abuse.”4

Until the 1960s, State legislatures generally prohibited

strikes by State and local government workers. By the mid1990s, however, 10 States had statutorily granted the right

to strike to public employees.5 Even in these States though,

the right is limited to prevent threats to public safety, health,

or welfare, and must be preceded by certain pre-strike actions. Limitations on the right to strike in the 10 States are

as follows:

• Alaska—strikes are prohibited for law enforcement

and firefighting personnel, correctional employees,

and hospital workers. Employees working in public

utilities, snow removal or sanitation jobs, and public

schools and other educational institutions are permitted to strike unless that action threatens public

health, safety, or welfare.

• Hawaii—strikes are prohibited if certain pre-strike

procedures are not followed (impasse procedures have

not been followed, dispute has been submitted to arbitration, 60-day cooling-off period after fact-finding report is issued has not elapsed, or 10-day notice

of intent to strike has not been given).

• Illinois—strikes are prohibited by security employees, State law enforcement officers, and State firefighters. Strike action conducted by other public employees is lawful if: Employees are represented by

an exclusive bargaining agent; the collective bargaining agreement has expired or it does not prohibit

striking; the parties have not agreed to submit the

dispute to final and binding arbitration; neither party

has requested mediation; and the 5-day notice of intent to strike has elapsed.

• Minnesota—strikes conducted by essential employees are prohibited. Strikes conducted by non-essential employees are lawful if their contract has expired;

a mandatory mediation period has been completed;

and a strike notice has been issued.

• Montana—strike action by nurses is allowed after the

30-day advance strike notice elapses, unless there is

another strike at a health care facility within a 150-

mile radius.

• Ohio—strikes by public safety personnel are prohibited. Strike action by other public employees is

allowed if impasse has not been resolved and the 10-

day strike notice has elapsed.

• Oregon—strikes by police, firefighters, and prison

or hospital guards are prohibited. Strike action by
34 Compensation and Working Conditions Fall 1998

other public employees is permitted if mediation and

fact-finding procedures have been completed, 10-

day strike notice has elapsed, and a 30-day cooling off period has elapsed since a fact-finding report

was issued.

• Pennsylvania—strikes by prison and mental hospital

guards and court employees are prohibited. Strikes

by other public employees are allowed after mediation and fact-finding are completed.

• Vermont—strikes by State employees are prohibited. Strikes by municipal employees are prohibited

if they endanger public safety, health, or welfare; occur

within 30 days of a fact-finder’s report, after the parties have agreed to arbitrate the dispute, or an award

has been issued.

• Wisconsin—strikes by State employees are prohibited. Municipal employees may strike under mediation-arbitration procedures if both parties withdraw

their final offers, or the union gives a 10-day strike

notice to the State Employment Relations Commission and the employer.

In general, the courts have held that State and local government employees lack the right to strike in States that do

not have right-to-strike laws on the books. No-strike laws

are in effect in 38 States.6

Work stoppage activity

Collective bargaining activity for major contract expirations

or reopenings (those covering 1,000 or more workers) in

State and local government agreements from 1984 to 1996—

from the earliest year these data were available to the latest

year—are shown in table 3. The number of workers covered under major collective bargaining agreements rose

steadily over the period. There was considerable variation

in bargaining activity from year to year. It was heaviest in

1985, 1987, 1991, and 1995; and was relatively light in the

remaining years.

Major work stoppage data (strikes or lockouts idling

1,000 or more workers) from 1982, the earliest year these

data were available, through 1997 are shown in table 4.

Over the 1982-97 period, there were 116 stoppages, idling

627,750 workers and accounting for 5.4 million days of

idleness. One general observation emerges from a review

of the tables: The lack of synchronization between bargaining activity and the occurrence of work stoppages. Some

light bargaining years had heavy work stoppage activity

and vice-versa.

Level of government

Except for 1994-95, local government employees engaged

in far more work stoppage activity than State government

employees. (See table 4.) Approximately four-fifths of all

strike action took place at the local level. The predominance of work stoppages by local government workers might

be expected because of the larger number of agreements

and covered workers.

Government function

Of the major government functions, stoppages in education—primarily involving teachers and other professionals—accounted for roughly three-fourths of all public sector strike activity between 1982-97. (See table 5.) The

only other functions that experienced significant strike activity were general administration (12 stoppages, idling

81,500 workers and accounting for 598,000 days of idleness) and transportation (15 stoppages, 53,600 workers and

589,000 days of idleness).

States with substantial work stoppage activity

As the following tabulation shows, California and four

Midwest States accounted for the majority of public

sector strike activity between 1982-97.

 Total .......................... 116 627,750 5,420,600

Five State total .............. 72 432,500 3,983,800

California .................... 25 137,900 659,200

Illinois ......................... 12 161,600 1,786,100

Michigan ..................... 15 55,300 786,700

Ohio ............................ 11 31,600 199,900

Pennsylvania .............. 9 46,100 551,900

These five States have comprehensive public sector labor laws, which taken together grant collective bargaining

rights to all public employees with minor exceptions. These

laws generally give public employees the right to bargain

over wages, hours, and other conditions of employment.

Michigan’s laws prohibit public employees from striking.

California’s laws do not explicitly grant public employees

the right to strike, but court cases have. The other three

States allow most public employees to strike, with the general exception of public safety employees.

Number

of

stoppages

Workers

idled

Days

of

idleness
 Compensation and Working Conditions Fall 1998 35

Work Stoppages

1

 John Patrick Piskulich, Collective Bargaining in State and Local Government, New York Prager, 1992, p. 31. 2 Brief History of the American Labor Movement, Bulletin 1000, Bureau of Labor Statistics, 1976, pp. 46-47. 3

 Information on collective bargaining laws are taken from “Public Employees Bargain for Excellence: A compendium of State Public Sector Labor

Relations Laws,” Public Employees Department, AFL-CIO, 1997, pp. 1-2. 4

 David Ziskind, One Thousand Strikes of Government Workers, New

York: Columbia Press, 1940, pp. 20, 33-35, 54, 73, and 83; Morris A.

Horowitz, Collective Bargaining in the Public Sector, New York: Lexington Books, 1994, p. 15. 5

 In addition, courts in California, Idaho, and Montana have held that

public employees have a right to strike, even though there are not right-tostrike laws on the books in these States. 6

 B. V. H. Schneider, “Public-Sector Labor Legislation—An Evolutionary Analysis,” Public Sector Bargaining, second edition, Industrial Relations Research Association, Washington, DC: Bureau of National Affairs,

1988, pp.201-202.

Need Timely data from BLS?

Users of data from the Bureau of Labor Statistics can request a fax of news releases, historical data, and

technical information 24 hours a day, 7 days a week from the Bureau’s fax-on-demand system.

News releases of major economic indicators are available at 8:45 a.m. on the morning they are released.

Other options include tables of historical data (some going back to the 1940s) and technical information

about the Bureau’s programs and surveys. To obtain data or information from the BLS national office,

call (202) 606-6325, or go to a Web site shown on page 25.

To obtain data, use a touch-tone telephone and follow the voice instructions for entering document codes

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and codes, can be obtained by entering code 1000. You may request up to four documents with each call.

Faxes are sent immediately following the request. If your fax line is busy, the system attempts to send the

requested material four times before disconnecting.
36 Compensation and Working Conditions Fall 1998

TABLE 1. Union density of State government employees by State, 1994-96 average

State

State has

a collective

bargaining law

Number of

employees1

Union

density2

Alabama ........................... - 94,700 28.5

Alaska ............................... X 23,200 61.1

Arizona ............................. - 80,400 14.1

Arkansas ........................... - 77,900 13.8

California .......................... X 454,300 55.7

Colorado ........................... - 65,500 16.4

Connecticut ....................... X 64,400 75.3

Delaware .......................... X 29,700 38.5

Florida ............................... X 208,000 73.2

Georgia ............................. - 159,600 14.6

Hawaii ............................... X 55,400 71.4

Idaho ................................. - 35,800 17.9

Illinois ................................ X 183,300 43.1

Indiana3 ............................ X 96,200 20.5

Iowa .................................. X 80,800 19.8

Kansas3 ............................ X 75,300 14.4

Kentucky ........................... - 89,300 15.3

Louisiana .......................... - 110,200 18.2

Maine ................................ X 25,000 61.2

Maryland3 ......................... X 108,500 34.0

Massachusetts .................. X 100,700 58.4

Michigan ........................... X 159,500 52.9

Minnesota ......................... X 92,200 61.1

Mississippi ........................ - 68,000 11.8

Missouri ............................ - 123,400 16.4

Montana ............................ X 25,400 47.3

Nebraska .......................... X 38,400 28.1

Nevada ............................. - 26,500 30.6

New Hampshire ................ X 17,500 55.6

New Jersey ....................... X 123,300 64.1

New Mexico ...................... X 62,900 17.4

New York .......................... X 313,200 73.8

North Carolina .................. - 142,000 16.7

North Dakota .................... - 19,200 23.9

Ohio .................................. X 129,000 47.3

Oklahoma ......................... - 82,000 18.9

Oregon .............................. X 71,500 60.4

Pennsylvania .................... X 152,000 63.4

Rhode Island .................... X 17,900 68.1

South Carolina .................. - 121,600 13.3

South Dakota .................... X 15,600 13.7

Tennessee ........................ - 108,000 16.0

Texas ................................ - 400,500 11.5

Utah .................................. - 58,400 20.1

Vermont ............................ X 12,100 45.5

Virginia .............................. - 146,900 7.6

Washington ....................... X 153,000 46.4

West Virginia .................... - 45,100 14.1

Wisconsin ......................... X 108,400 39.9

Wyoming ........................... - 15,900 14.3

1 The number of employees refers to the total 

number of State employees, regardless of 

bargaining rights. 2 For States with collective bargaining laws, 

union density refers to the percent of State 

employees covered by a collective bargaining 

agreement. For the remaining States, union density

refers to the percent of State employees represented

by a union. For both types of States, union density

includes representation by employee associations. 3 State granting employees collective 

bargaining rights by executive order.

 NOTE: Dash indicates that the State does not have

a collective bargaining law covering State workers. 

 SOURCE: Public Employees Bargain for 

Excellence: A Compendium of State Labor Relations

Laws, Public Employees Department, AFL-CIO,

1997, pp. 3-4.
 Compensation and Working Conditions Fall 1998 37

TABLE 2. Local government employees with bargaining rights, 1994-96 average

Work Stoppages

State Number of

employees1

Employees with bargaining rights

Type Union density2

Alabama ................................... 131,400 None 34.7

Alaska ....................................... 35,300 All 46.5

Arizona ..................................... 150,000 None 27.9

Arkansas ................................... 68,400 None 20.9

California .................................. 1,202,600 All 64.3

Colorado ................................... 140,600 None 36.8

Connecticut ............................... 112,800 All 70.6

Delaware .................................. 10,900 All 46.9

District of Columbia .................. 22,200 All 48.5

Florida ....................................... 543,500 All 43.4

Georgia3 ................................... 248,900 MARTA employees4 17.7

Hawaii ....................................... 13,400 All 83.7

Idaho ......................................... 45,500 Teachers/firefighters 30.5

Illinois ........................................ 426,600 All 56.3

Indiana ...................................... 168,800 Teachers 36.2

Iowa .......................................... 103,800 All 47.5

Kansas3 .................................... 102,400 Teachers 29.9

Kentucky5 ................................. 128,400 None 28.2

Louisiana .................................. 155,700 None 23.5

Maine ........................................ 38,000 All 61.4

Maryland6 ................................. 207,300 Education/park police 61.2

Massachusetts .......................... 194,700 All 66.5

Michigan ................................... 336,000 All 65.5

Minnesota ................................. 206,900 All 64.4

Mississippi ................................ 86,500 None 14.2

Missouri .................................... 152,800 None 30.9

Montana .................................... 34,400 All 44.5

Nebraska .................................. 66,300 All 46.3

Nevada ..................................... 52,600 All 66.4

New Hampshire ........................ 43,300 All 55.3

New Jersey ............................... 327,800 All 70.6

New Mexico .............................. 59,100 All 34.3

New York .................................. 912,800 All 78.2

North Carolina .......................... 225,800 None 13.7

North Dakota ............................ 24,200 Teachers/administrators 30.7

Ohio .......................................... 414,000 All 67.4

Oklahoma ................................. 113,900 Education/police/firefighters 32.0

Oregon ...................................... 120,500 All 66.6

Pennsylvania ............................ 353,800 All 59.5

Rhode Island ............................ 32,300 All 80.8

South Carolina .......................... 107,200 None 8.1

South Dakota ............................ 29,900 All 31.2

Tennessee ................................ 180,200 Teachers 24.5

Texas7 ...................................... 1,185,500 None 24.3

Utah .......................................... 70,200 None 43.7

Vermont .................................... 20,000 All 52.6

Virginia ...................................... 231,700 None 23.4

Washington ............................... 196,200 All 59.5

West Virginia ............................ 61,200 None 35.3

Wisconsin ................................. 219,600 All 66.2

Wyoming ................................... 25,800 Firefighters 31.1

1 Number of employees refers to the total number of local

government employees, regardless of bargaining rights. 2 For purposes of this table, union density is defined as the

percent of local government workers with bargaining rights that

are covered by a collective bargaining agreement, or in cases

where workers are not guranteed bargaining rights, the percent

of local government workers that are represented by a union or

employee association. 3 The State law is optional for local government. 4 About 3,000 covered workers are employed by the

Metropolitan Rapid Transit Authority (MARTA) pursuant to a

State law.

5 The State law allows for bargaining rights for employees in

cities with a population of 300,000 or more, or cities opting for

coverage for firefighters, or adopting the merit system for police. 6 Some counties are excluded from the State law granting

collective bargaining rights to non-certified school employees. 7 The law virtually forbids collective bargaining for all

employees except police, firefighters, and teachers. Collective

bargaining for police and firefighters must be approved by a

majority of voters in a jurisdiction. Teachers have only

consultation rights.

 SOURCE: Public Employees Bargain for Excellence: A 

Compendium of State Labor Relations Laws, Public Employees

Department, AFL-CIO, 1997, pp. 5-6.
38 Compensation and Working Conditions Fall 1998

TABLE 4. State and local government work stoppages involving 1,000 or more workers, 1982-97

Year

Total Local government State government

Number Workers

idled

Days of

idleness Number Workersidled

Days of

idleness Number Workersidled

Days of

idleness

1982 .......... 7 24,300 256,700 5 19,700 224,100 2 4,600 32,600

1983 .......... 13 76,600 990,600 10 70,100 843,200 3 6,500 147,400

1984 .......... 6 56,700 516,000 6 56,700 516,000 - - -

1985 .......... 7 55,800 217,200 6 54,800 201,200 1 1,000 16,000

1986 .......... 6 32,600 382,800 4 24,200 339,600 2 8,400 43,200

1987 .......... 10 86,550 964,500 7 73,950 879,100 3 12,600 85,400

1988 .......... 5 15,300 162,800 2 7,400 47,200 3 7,900 115,600

1989 .......... 8 43,000 344,300 8 43,000 344,300 - - -

1990 .......... 8 63,900 371,000 8 63,900 371,000 - - -

1991 .......... 7 33,300 239,600 6 28,800 226,100 1 4,500 13,500

1992 .......... 6 17,700 288,300 6 17,700 288,300 - - -

1993 .......... 6 20,500 112,100 6 20,500 112,100 - - -

1994 .......... 10 39,700 235,300 8 18,500 93,400 2 21,200 141,900

1995 .......... 8 34,100 181,800 3 7,100 57,800 5 27,000 124,000

1996 .......... 6 18,400 133,500 6 18,400 133,500 - - -

1997 .......... 3 9,300 24,100 2 4,800 19,600 1 4,500 4,500

Totals ........ 116 627,750 5,420,600 93 529,550 4,696,500 23 98,200 724,100

 NOTE: Dash denotes no stoppage during the year. 

TABLE 3. State and local government workers covered by major contracts1 expiring or

reopening during the year, 1984-96

Year

Major collective bargaining agreements

Workers covered

(millions)

Expiring or reopening

Number Workers covered

(millions)

1984 ...................... 2.1 - -

1985 ...................... 2.2 257 1.0

1986 ...................... 2.3 205 .6

1987 ...................... 2.4 287 1.0

1988 ...................... 2.5 225 .9

1989 ...................... 2.5 254 .8

1990 ...................... 2.6 213 .8

1991 ...................... 2.6 291 1.1

1992 ...................... 2.7 232 .8

1993 ...................... 2.7 222 .7

1994 ...................... 2.8 200 .6

1995 ...................... 2.8 280 1.4

1996 ...................... 2.8 216 .7

1 Major contacts are those covering 1,000 or more workers.

 NOTE: Dash indicates that data are not available.
 Compensation and Working Conditions Fall 1998 39

TABLE 5. State and local government work stoppages

Work Stoppages

1 beginning in year, by

function, 1982-97

Year

Education General Administration

Number Workers

idled

Days of

idleness Number Workersidled

Days of

idleness

Total .......... 82 470,350 4,099,300 12 81,500 598,000

1982 .......... 4 15,100 201,000 - - -

1983 .......... 9 66,600 724,200 - - -

1984 .......... 6 56,700 516,000 - - -

1985 .......... 6 49,000 203,600 1 6,800 13,600

1986 .......... 2 3,800 75,200 2 20,400 264,400

1987 .......... 8 76,750 895,900 1 5,300 37,100

1988 .......... 3 7,900 90,600 1 5,000 65,000

1989 .......... 7 40,700 305,200 - - -

1990 .......... 7 62,500 365,400 1 1,400 5,600

1991 .......... 5 26,100 220,700 1 4,500 13,500

1992 .......... 5 15,000 231,600 - - -

1993 .......... 5 11,500 58,100 - - -

1994 .......... 5 9,000 39,600 2 17,000 37,700

1995 .......... 4 11,300 38,600 1 14,000 50,000

1996 .......... 6 18,400 133,500 - - -

1997 .......... - - - 2 7,100 11,100

Transportation Other

Number Workers

idled

Days of

idleness Number Workersidled

Days of

idleness

Total .......... 15 53,600 589,000 7 22,700 134,300

1982 .......... 3 9,200 55,600 - - -

1983 .......... 3 8,000 262,400 1 2,000 4,000

1984 .......... - - - - - -

1985 .......... - - - - - -

1986 .......... 1 5,200 20,800 1 3,200 22,000

1987 .......... 1 4,500 31,500 - - -

1988 .......... - - - 1 2,400 7,200

1989 .......... - - - 1 2,300 39,100

1990 .......... - - - - - -

1991 .......... - - - 1 2,700 5,400

1992 .......... 1 2,700 56,700 - - -

1993 .......... - - - 1 9,000 54,000

1994 .......... 2 12,600 55,800 1 1,100 2,100

1995 .......... 3 8,800 93,200 - - -

1996 .......... - - - - - -

1997 .......... 1 2,600 13,000 - - -

1 Work stoppages involving 1,000 or more workers.

 NOTE: Dash indicates no stoppage occurred during the year.