This outline identifies the major categories of economic pressure and discusses the broad issues raised by each category. Legal Restrictions on the Right to Strike Section 13 of Taft-Hartley states that Nothing in this Act, except as specifically provided for herein, shall be construed so as either to interfere with or impede or diminish in any way the right to strike, or to affect the limitations or qualifications on that right. Despite this nominal recognition of the right to strike, the Taft-Hartley Act contains extensive limitations on the right to strike and on the rights of strikers. As a general rule, strikes are illegal if the union seeks to achieve improper goals or if improper tactics are used. Strikes to obtain illegal or permissible subjects of bargaining would be examples of strikes that are prohibited because the goal is illegal.
Strikes lose legal protection if unlawful tactics are used.
For example, sit-down strikes are unlawful. A major limitation on the right to strike is the interpretation of the Section 7 concept of protected activity. An employer retains the right to discipline workers who engage in activity which is unprotected. Thus, workers who are engaged in wildcat strikes , strike or picket misconduct , or other tactics which exceed the standards of permissible conduct under Section 7 may be disciplined. The Supreme Court recognition of the right of the employer to replace strikers clearly represents a practical, if not legal, limitation on the right to strike.