With strike talk prevalent as UAW negotiates, labor expert weighs in

Eric D. Lawrence, USA TODAY
Tue, August 8, 2023 

Members of the Writers Guild of America and the Screen Actors Guild walk a picket line outside of Paramount Pictures, in Los Angeles, California, on July 21, 2023. Tens of thousands of Hollywood actors went on strike at midnight on July 14, 2023, effectively bringing the giant movie and television business to a halt as they join writers in the first industry-wide walkout in 63 years.More

With UAW leadership taking a much more assertive approach publicly to negotiations with the Detroit Three than in the recent past, the prospect of a strike has been a hot topic even before talks got under way last month.

But there’s more to a strike than employees just walking off the job and hoisting signs.

Marick Masters, a Wayne State University business professor and labor expert, broke down some of the different types of strikes and their implications during a recent interview with the Free Press. Masters also offered his take on auto talks so far and what’s at stake.

There are a few basic types of strikes, Masters said.

“The most common is an economic strike, and that occurs when the parties reach an impasse over their negotiating positions. They can’t settle the differences. As you know, (United Auto Workers union President) Shawn Fain came out with a very ambitious list of negotiation demands … and should the parties not reach an agreement over that then you would have an economic strike,” Masters said.

One of the potential implications for workers during an economic strike is that strikers can be temporarily and permanently replaced by employers, he said, describing that, however, as “highly unlikely” in the case of the auto industry. Such a move by Ford Motor Co., General Motors or Stellantis, owner of Jeep, Ram, Chrysler, Dodge and Fiat, would be seen as a massively insulting step and quite impractical, he said.

Other types of strikes include an unfair labor practice strike, which could apply if a company refuses to bargain in good faith, or a wildcat strike, which isn’t authorized by the union and happens at a particular work site. Unfair labor practice strikers can be replaced only temporarily; a wildcat strike would probably not be considered a legal strike. In addition, specific industries, such as the public sector or railways, might have different rules or prohibitions when it comes to a strike.

Masters also referenced another type of strike that is not common in the United States but he said was more frequent in the past — a general strike, which would involve workers striking across numerous industries in protest of a political or wider economic situation or in solidarity with other workers.

UAW President Shawn Fain reveals "audacious" and "ambitious" member demands for the 2023 contract negotiations during a Facebook live meeting on Tuesday, August 1, 2023.

One of the milestones of the U.S. labor movement was the 1936 Flint Sit-Down Strike against General Motors, which led to the first contract between the automaker and the union. Masters said that would probably be considered an illegal strike today, but the union was seeking the right to be recognized.

“Generally speaking, in strikes today, parties cannot occupy the facility and prevent the company from operating it, they have to remain in certain boundaries outside the facility and have pickets and they can’t interfere with the employer’s ability to conduct operations,” Masters said. “In Flint, it was early days of (the National) Labor Relations Act, and employers were often very reluctant to grant recognition and unions had to resort to a variety of different tactics to achieve the goals.”

Many unions today face different challenges, such as when dealing with high-profile companies like Amazon and Starbucks. Those workers might secure a union, but they face significant hurdles in getting to a first contract.

Masters said unions like the UAW and Teamsters do a fairly good job of both preparing and educating their members for and about strikes and their implications and in offering support, pointing to the decision by the UAW to increase weekly strike pay to $500.

However, he noted that anything could happen in the event of a strike.

“The biggest tool that management has in an economic strike is it can replace these workers permanently, and so the workers may never get their jobs back even if they want them back. The strike wasn’t per se illegal, but that doesn’t mean they have a permanent right to their job back if the strike ends,” Masters said.

Not all workers face the same risk of replacement, however.

It’s impractical to contemplate permanent replacement workers at companies like UPS, where Teamsters members are currently voting on a tentative agreement, because of the scale of that operation and the pressure to settle a contract because of the potential loss of business, Masters said. In the case of the auto industry, Detroit Three automakers can do some stockpiling of vehicles but would likely have limited capacity to prepare that way for an extended strike and would risk losing too much business to competitors as well should a dispute drag on too long.

Those same factors might not favor Hollywood actors or writers, who are currently engaged in their own high-profile strikes, Masters said, noting that some of the companies involved in those sectors might be more motivated to try to break the unions.

“Not all workers are equal in terms of their replaceability. I think that’s the touchstone,” he said, noting the 1981 strike by air controllers that ended in a mass firing by then-President Ronald Reagan as an example of what can go wrong for workers in a strike.

Masters’ big worry for the Detroit Three and the UAW is a miscalculation, and he urged the two sides to take stock.

“I think it’s important for both sides to engage in reality checks at this point in time (to) preserve the capacity of the companies to survive,” Masters said.

He noted, however, that while there's a distinct possibility of a UAW strike, he doesn't believe one is inevitable.

"There is a path to success in terms of achieving the objective of the parties … the devil's going to be very much in the detail. And there's not a whole lot of time to work things out,” he said.

Speaking generally, Masters highlighted the role that strikes play in labor relations.

“People have always understood the power of withholding your work is a real weapon, perhaps a weapon of last resort, but it's what gives workers their real punch in dealing with employers,” he said.

Masters said many people believe no one benefits from a strike and it’s a miscalculation.

“But it is an economic tool that’s used to force employers to concede, and the threat of it is often more powerful than its actual usage,” Masters said.

Contact Eric D. Lawrence: elawrence@freepress.com.

This article originally appeared on Detroit Free Press: What to know about labor strikes as UAW negotiates