That said, the employer should provide a safe and secure entrance and exit for the nonpicketing employees to gain access to the plant, facility or office, Hays noted. Your email address will not be published. What do you call someone who crosses a picket line?The term scab, which is used to describe workers who break strikes and cross picket lines, is one of the most well-known union terms, but it wasnt until Nov.What happens if a teacher crosses the picket line?There are many reasonable reasons that a coworker might be nervous about striking fear of retaliation, financial difficulties, or worries about whether we can win, the union states. The RCN members recognised the importance of solidarity and said how many of their Unison colleagues had wanted to join the picket line but had been stopped from doing so by the emails from the union telling them couldnt. Workers may refuse to cross picket lines in two situations: where the picket line surrounds a worker's own place of employment; and where it surrounds the plant of another employer. To discuss trialling these LexisNexis services please email customer service via our online form. I didnt cross, and I took the Unison banner to put alongside those of the RCN. Where picketing takes place, those not directly involved in the strike may refuse to cross picket lines. It would probably in spirit cover anything you did to undermine the strike (like covering a striking colleagues work). document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Even walking through a building or across a parking lot is considered crossing the picket line. For example, the SEIU was striking in front of the building I was working at. If harassment of those crossing a picket line is violent or threateningwhich may include threats of personal harm, property damage or some kind of economic harman employer can seek an injunction to stop the harassing conduct. } Thus, for example, a clause permitting employees to refuse to cross any picket line would be unlawful. Union officials other than the picket supervisor, can picket at or near the place of work of any member they represent. Additionally, the union may revoke your membership or subject you to other disciplinary actions for crossing the picket line. Depending on how the collective bargaining agreement is set up, the union could choose to cease payments for the member or even expel them from the union. The goal of a scab picket is to intimidate potential replacement workers, known as "scabs," from taking their place on the job. Cough cough, Im feeling under the weather! Many courts have ruled that unions have the power to discipline their members. The Act protects a refusal to cross a picket line when such conduct is for "mutual aid or protection."22 Several circuits have held therefore that only refusals to cross picket lines out of principle, in contrast to refusals based on fear, are protected by section IP In NLRB v. Union Carbide Corp., the Fourth Circuit denied com var temp_style = document.createElement('style'); How do you clean dog poop off artificial grass? If you are in a different union and join the strike, you don't have the same legal protection. provided that the employees would not refuse to cross a picket line.'5 Though the Second Circuit was not reversed, its position is questionable in the light of the proviso to Section 8 (b) (4) "that nothing . Generally, the decision to follow or not follow the union strike lies solely in the hands of the individual member, and any member who violates the strike is said to be scabbing. Scabs perform the duties of those on strike, but typically at a lower rate of pay and with inferior working conditions. I have seen NASUWT say that their members shouldn't strike but not that they must cross a picket line. To be clear, all employees have the same legal rights to take part in the strike, regardless of which union they belong to or whether they do not belong to any union at all. Nursing Strikes Please log in as a SHRM member. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. But honoring the picket line can leave employees feeling vulnerable about financial and job security. Such employees can normally be regarded as being on strike and treated accordingly. Workers that cross picket lines during a labor strike are commonly referred to as scabs. Job security. The order directs a third party who owes money to the judgment debtor to pay that, The Financial Assistance Schemewhat are the available benefits?THIS PRACTICE NOTE APPLIES TO SCHEMES ENTERING THE FINANCIAL ASSISTANCE SCHEME FROM 1 JANUARY 2012.Where a scheme, its employer(s) and individual members have satisfied the criteria for eligibility into the Financial Assistance Scheme, AffrayAffray is an offence created by the Public Order Act 1986 (POA 1986). Businessman Tom Steyer followed, saying if the dispute between Sodexo and Local 11 is not resolved before the debate, he would not cross their . Where this happens, such . Create an account to follow your favorite communities and start taking part in conversations. Employers would not be permitted to request more workers than 'reasonably necessary' to meet the minimum service regulations; however, it is also foreseeable that there will be legal arguments over what is 'reasonably necessary'. Staff joining picket lines will want to engage with colleagues and will persuade without inappropriate pressure on others, the unions said. Your union will also arrange with your employer to continue benefits on your behalf as long as you are off work for more than half a day. Whether or not an individual is protected against dismissal or detriment for refusing to cross a picket line during a strike will depend on the specific circumstances. Picket lines are designed to slow things down, so wait the designated time and do not force your way through or try to bypass the line. Refusing to cross a picket line is a legally protected act. HOWEVER, the school are not supposed to ask you which union you belong to, and you have no legal obligation to tell them, so it's really up to you. If you are not able to take the job at that pointagain, this could be many years after the strikethen the job can be offered to someone else.. How do you promote equal opportunities in the workplace? Is drinking a bottle of wine binge drinking? If you do make an individual decision to refuse to work or cross picket lines when your colleagues from other unions are taking action you may find yourself at risk of dismissal. In Wales, Unison told members they wouldnt face disciplinary action if they didnt cross pickets; Unison members joined the strike. By: Author Olin Wade (Remodel or Move Stuff). Can I refuse to cross a picket line? In my trust this resulted in management issuing an email saying non-union members could join the RCN strike but not Unison members. Save my name, email, and website in this browser for the next time I comment. When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits. In most cases, where an employer believes there could be a strike, employers today will hire an experienced strike security company that will capture unlawful conduct on video to use as evidence of unlawful acts, noted Peter List, CEO of Kulture, a national labor-employment consultancy based in the Charleston, S.C., area. Therefore, it is important to check the relevant laws and regulations as well as the actual collective bargaining agreement to determine the legality of a union going on strike while the agreement is in effect. Ask the public to not patronize the employer, and ask persons making deliveries to the employer to honor your picket line. 9 Appold Street In these instances, an employer may refuse to allow employees onto their premises, change locks, hire security, or close down. By crossing the picket line of strikers marching and holding signs for better working conditions, the scab hurts the cause of the workers. Expand your toolbox with the tools and techniques needed to fix your organizations unique needs. Local Government Association advice on picketing says: "Where picketing takes place, employees not directly involved in the industrial action may refuse to cross picket lines. He said he would not be crossing a picket line. The two unions have issued a joint statement ahead of strikes by NEU teacher members due to start next week. Additionally, the member may face bullying or ostracizing from their fellow union members for not participating in the strike. to avoid crossing a bona fide picket line. Please log in as a SHRM member before saving bookmarks. What happens if a union worker crosses the picket line? So I guess my point is that it's situational. Fax: 604-299-8211. SHRM Employment Law & Compliance Conference, Refusal to Cross Picket Lines Is Protected for Most Employees, New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, Viewpoint: A Trip Through the Politics-at-Work Minefield, Mexico: New Guidelines on Union Democracy Released, British Columbia Allows Single-Step Certification of Unions. Please confirm that you want to proceed with deleting bookmark. Yelling insults at nonstrikers or replacements, although harassing, is not sufficiently outrageous to lose the acts protection, said Brian Hayes, an attorney with Ogletree Deakins in Washington, D.C., and a former member of the NLRB. The two unions have issued a joint statement ahead of strikes by NEU teacher members due to start next week. London If a union member crosses the picket line or refuses to take part in strike activities, they will be fined or . This scenario recently played out in Seattle. Some of the common grounds for refusing membership include lack of qualifications, failure to meet minimum criteria for membership, nonpayment of fees or dues, failing to abide by the proper procedures for joining the union, or failure to maintain membership in good standing. Staff are under no obligation to provide advance notice that they plan to take strike action, and the unions have agreed that school leaders will not put staff under pressure to do so. What does it mean to refuse to cross a picket line? Crossing a picket line is effectively choosing to get in the middle of the dispute and take a side which may alienate the workers, their families and communities, and anyone else who supports their cause. Where picketing takes place, employees not directly involved in the industrial action may refuse to cross picket lines. Worse, it misleads them about their legal rights. In some cases, members may decide to cross the picket line when the strike is not supported by a majority of the members, or when the wages and working conditions offered by the employer may be deemed considerably more favourable than those proposed in the union offer. Submitted by martin on 24 January, 2023 - 2:36 Author: A Unison member. We welcome the expressions of solidarity from white collar workers, and we will not accept any attempt by the company to retaliate against workers who refuse to cross the picket line in support of . If you aren't in the union taking action, and you don't join, but you still take strike action by refusing to cross the picket . Trade union representatives may be on picket lines at different workplaces if they are in charge of organizing workers in those workplaces. Harassment is very common on picket lines and the board gives a lot of leeway for this kind of activity, Wilson cautioned. Where picketing takes place, employees not directly involved in the industrial action may refuse to cross picket lines. The agreement has been drawn up to avoid tension between members of the two unions during the action and to demonstrate they are involved in the same dispute with the government. What were Buzz Aldrins first words on the moon? block people or vehicles trying to get . Picket lines are usually created by a group of workers during a labor dispute to demonstrate their unity in achieving their goals and that the employer should negotiate with them. Then they came for the masons, and I did not speak out Because I was not a mason. on Why you should never cross a picket line? It is important to remain aware of your legal rights and responsibilities so you can make an informed decision regarding your participation in the protest. The result is the partial or total withdrawal of labour and the near-total ban on the use of replacement workers. Even walking through a building or across a parking lot is considered crossing the picket line. Press J to jump to the feed. Crossing the line can result in harassment from picketing co-workers and, in some cases, threats of violence. Often unions refuse to allow so-called "strikebreakers" to rejoin. Better wages. If a strike is initiated for economic reasons, workers may be replaced by their employers.What is a picket crosser?Strikebreakers are typically people who were not employed by the company before the trade union dispute but were instead hired after or during the strike to keep the organization running. Solidarity and re-asserting the basic principle of not crossing a picket line will be an important part of it. } . Should I use leave-in conditioner before bed? Thus, anyone who nonetheless crosses the picket line is showing that theyre ignoring the strike, and maybe even undermining it. But check with the hall. Consideration will need to be given to: . Please enable scripts and reload this page. Members can refuse to cross a picket line at their worksites if they chose to do so as a matter of "conscience." . A picket, or small unit of soldiers, is positioned on a defensive line forward of a friendly position to provide prompt warning and screening against an enemy advance (archaically, picquet [variant form piquet]). It is also important to consider that some states or countries may have laws that prohibit workers from crossing the picket line, so it is important for union members to understand their local and federal labour laws. As the Tories bring in more anti-union laws, the trade union movement needs to push back. It comes after the NAHT issued its own guidance for members about how to handle the strikes. Of course, some members may be more suited to different forms of support or activism and it is ultimately up to the individual to choose how he/she would best like to show support for the union. Any discipline for an employees refusal to cross a picket line will be deemed a violation of the NLRA and an unfair labor practice, noted James Hays, an attorney with Sheppard Mullin in New York City. I know in some locals they've ordered folks to cross for fear of a grievance. A scab picket is a form of protest in which union workers participate in a picket line outside of a workplace where they are striking. Do you have to picket during a strike? The only experience I have with picket lines was years ago in a previous career where I was considered management and required to cross the unions line to come to work. on merriam-webster.com, View Normally I'm not one for dead brain fealty to the hall, but in this case, I'd do whatever the hall was suggesting. Depending on the type of union and the employer, it can range from a few hundred dollars to several thousand dollars. Do what you gotta do, but the power of the union is that we all stick together. complete answer on 1-888-no-union.com, View While a union can pressure its members into joining the strike, they cant force any one employee to do so its ultimately their choice whether they want to join or not. $("span.current-site").html("SHRM China "); Depending on the particular union, other grounds for refusal may include criminal convictions, criminal or civil litigation involving the applicant, or failing to provide the necessary documentation to join. Strike went on for several days. How can communication be improved in an organization? The idea of a strike is simple: if the conditions and terms of work are no longer acceptable to the workers, and if the union has been unable to make improvements through negotiation, the workers withdraw their labour. No, union members are not required to picket, however it is one of the many ways union members can show their support for the cause. Learning and Skills Events Consultancy and Training, c/o Mindspace Expulsion from membership could lead to the loss of your job. CONTINUE READING Employers are prohibited from engaging in any type of unfair practices including threatening or coercing employees, harassing them, or offering them less than the minimum wage or denying them overtime wages. Join the movement today! Refusals to cross picket lines at another's place of employment A. Picket line erected by workers of the picketed employer B. Picket line erected by outsiders. This discipline can include fining you significantly and then suing you to make sure the fine is paid. Trial includes one question to LexisAsk during the length of the trial. Cross a picket line and you are demonizing the brave workers who have taken a stand and put themselves at risk. If your union has called a strike you should strike. Support came from bus drivers and council bin workers, who have recently won their disputes. No. If you feel unsafe to cross the picket line, your employer should try and help you get into work, or allow you to work elsewhere. A strike may be economic in nature if it involves fighting for higher wages, better benefits or improved working conditions, List said. Please purchase a SHRM membership before saving bookmarks. Not surprisingly, whether a strike is an economic strike or an unfair labor practice strike can be a hotly debated issue, he said. Participation in a strike is a form of industrial action, and a strike is defined in relation to the provisions of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULR(C)A 1992) as any concerted stoppage of work. Refusal to Cross a Picket Line. We had debates about what chants were allowed. complete answer on employmentlawfriend.co.uk, View Ask workers who have not yet honored the picket lines to do so, even if they are not members of the union. What matters most to the health care consumer? The NLRA also gives workers the right to refuse to cross a picket line of fellow workers engaged in a lawful strike. I assume its business as usual for anyone not on strike, but not really sure since Ive never experienced it. This case has attracted a lot of attention because the union argued that requiring employees to cross a picket line is contrary to the Canadian Charter of Rights and Freedoms, specifically the freedoms of expression and association: 2. Everyone has the following fundamental freedoms: . B. The picketers have rights, and those rights need to be respected. If the strike is sanctioned by the building trades you shouldnt cross under any circumstances. That was ignored. Suite 301 4501 Kingsway, Burnaby, BC V5H 0E5, Phone: 604-299-0378 The strikers action may rise to the level of criminal activity and employers are best advised to refer such activity to the local authorities.. No. Need help with a specific HR issue like coronavirus or FLSA? Obviously the latter can be tricky to work out what you legally and morally should do. Would it make a difference if the employee had previously taken part in strike action with the union? In this situation, the union has the power to call a strike, but the individual employees must decide whether they want to participate. Leave a Comment. Plus, the strikers already have the knowledge on how to make the drinks, they can just buy the syrup flavoring from Savemart or wherever and some milk. In this dispute we have an opportunity to rebuild the trade unions in health. Each state or municipality may have its own unique laws regarding picketing and labor rights, so understanding the applicable regulations can be critical. Finally, employers must treat all employees with respect and should never initiate, condone or allow any form of harassment or bullying. Economic strikers may be permanently replaced. Save my name, email, and website in this browser for the next time I comment. How does Adderall affect bipolar disorder? Read online at https://workersliberty.org/node/40725, Submitted by martin on 24 January, 2023 - 2:36, It's urgent to speed up and widen strikes, Current strikes and strike ballots (rolling update), Reject the offer, rebuild local government unions, Tubeworker (London Underground) (bulletin), Off the Rails (national rail workers) (bulletin), Off the Rails (national rail workers) (blog), Notts Off the Rails (Nottingham rail workers) (bulletin), On Guard (Sheffield rail workers) (bulletin). 25 Jan 2023, 14:36. It is important to understand your legal rights and responsibilities when faced with the choice to cross, or not cross, a picket line. Participation depends on whether a picket line was honoured and not whether there were good reasons for doing so. 2. Employees who are not directly involved in the industrial action may picket in places where picketing is taking place. At that point, you are called back from a preferential rehire list and offered the job. It can be tried in either the magistrates court or the Crown Court. I never cross a picket line, not even a virtual one. Crossing the line can result in harassment from picketing co-workers and, in some cases, threats of violence. The term originated in the British Isles during the 16th century and was historically used to describe a worker who was prepared to accept wages lower than those of other workers. Where picketing takes place, employees not directly involved in the industrial action may refuse to cross picket lines. if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'remodelormove_com-mobile-leaderboard-2','ezslot_23',166,'0','0'])};__ez_fad_position('div-gpt-ad-remodelormove_com-mobile-leaderboard-2-0');if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[320,50],'remodelormove_com-mobile-leaderboard-2','ezslot_24',166,'0','1'])};__ez_fad_position('div-gpt-ad-remodelormove_com-mobile-leaderboard-2-0_1');.mobile-leaderboard-2-multi-166{border:none!important;display:block!important;float:none!important;line-height:0;margin-bottom:7px!important;margin-left:auto!important;margin-right:auto!important;margin-top:7px!important;max-width:100%!important;min-height:50px;padding:0;text-align:center!important}Those who choose to picket do so as a form of civil disobedience and to make a statement that they are not in agreement with the entity and its policies. Employment status is a contractual state outlining how the employee is related to the employer, which determines their rights and their employer's responsibilities in regard to them. 8.6.4 Lay-off or no work available When Hostess broke their union, I stopped buying their products. Discussions became more political. It is important to understand your legal rights and responsibilities when faced with the choice to cross, or not cross, a picket line. If they say stay home, cool, I've got video games to play. Each member is paid $ 275 dollars weekly after the eighth day of striking. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Picket lines are designed to slow things down, so wait the designated time and do not force your way through or try to bypass the line. A union can refuse to accept certain members for various reasons that depend on the particular union and its policies. Refusing to cross a picket line is a legally protected act. Failure to cross a picket line encountered in carrying out the employer's business shall not be considered a violation of the Agreement, nor shall it be considered grounds . The importance of the picket line was seen over this last week at my workplace. Workers who had planned to join the RCN picket line didnt, and were angry and confused. See.6 days ago. A worker who crosses the picket line is referred to as a scab. Health trade unions should have been calling on members to respect the picket lines of other unions and refuse to cross. Refusal to Cross Picket Lines. Labor attorney Robert M. Schwartz is the . Refusing to cross a picket line tells the employer that unless they end their dispute with the employees there will be no business as usual. The statement states that the purpose of picket lines is to raise awareness of strikes and the campaign, and for NEU members to ask other staff not to go to work. Build specialized knowledge and expand your influence by earning a SHRM Specialty Credential. Non-union workers can refuse to cross the picket line; however, without union representation, they can also face retaliation from their employers. Thus, for example, a clause providing . In conclusion, a union member who refuses to strike can face serious repercussions, including their loss of union membership or their rights within the union. 27/01/2023 08:11. Or head sent an email clarifying the legal position. Are there any penalties which can be imposed on a union for intimidating behaviour by its representative or individual employees on a picket line? If passed this will be sent to the Region. Depending on the laws of your state and the specific situation, you may be required by law to inform your employer of your plans to strike. I talked to the members who were picketing and of course they didn't want me to cross but understood that you gotta work to get paid so they didn't have a problem with me working. Most unions outline the procedures for member expulsion in their bylaws. It is important to note that you should only inform your employer of your decision to strike after the results of the strike vote have been officially tallied. The NEU reached the turnout threshold required for lawful industrial action, but the NAHT did not, though the leaders union confirmed today it intends to re-ballot members. They said: "Unison balloted our members separately . You have successfully saved this page as a bookmark. Add message. In the update, MUN included a document with tips for "safely crossing a picket line." "If you are having difficulty crossing a picket line, try an alternate route, or leave the scene and try again . 39.01 It shall not be just cause for discipline and/or discharge if any Employee refuses to go through a legally authorized picket line of any Union and/or Labour Organization. If you refuse to cross the picket line, you can face serious legal repercussions, such as hefty fines and even jail time. Click to see full answer. Even if you are not directly involved in the strike, you can refuse to cross the picket line, you will be classed as part of the industrial strike. Undertaking alternative duties that do not require you to cross the picket may be an option, but for most GMB members who can only undertake duties where patients are, this means attending your normal place of work. In some cases, this behavior may be legally protected, depending on the laws in place in a particular jurisdiction, as well as the memberships of the group striking. The Alliance for Workers' Liberty is an organisation fighting as part of the labour movement for a socialist alternative to both capitalism and Stalinism, based on common ownership and democracy. When employees are on strike, they are usually treated accordingly. At the current time this is an UNOFFICIAL subreddit to the IBEW but it is advised to keep the same respect and leadership you would bring to a job site or Local. Section 16.4 of MoveUPs Constitution states that after the charge is fully investigated, the member may be subject to discipline. You are out of your job until the person who replaced you leaves, which could be years later. The Union constitution provides for fines and/or assessments to be levied against any union member that either crosses the picket line or refuses to take part in strike activities. What happens if you cross the picket line during a strike? Crossing a picket line. In other circumstances, a union member might choose to cross the picket line if they feel they must in order to support their family, if they fear reprisal or potential loss of job security, or if they are in financial dire straits and cannot afford to keep striking. This occurs when the union believes that a member has violated the unions rules or acted in a manner that is considered to be antithetical to the interests of the union and its members. Consideration will need to be given to: whether they are on strike for statutory purposes, in the case of any action short of dismissal, whether it was punishment or retaliation by the employer for the worker or employee being on strike. Now Im on the other side as an IBEW member and wondering what the expectation is with trades unions if another trade (e.g. Can I refuse to cross a picket line? A recent opinion of the Court of Appeals for the Seventh Circuit, NLRB v. Illinois Bell Telephone Co., 1 As such, union members should be aware of their right to picket and encouraged to do so if they feel strongly enough about the issue. You should get word from the hall if you guys are going to stand down in solidarity, usually they do. The proposed new law would outlaw picketing, which is when workers demonstrate outside of a building to prevent other workers from entering. A difference if the employee had previously taken part in conversations line of strikers and. Never experienced it. difference if the employee had previously taken part in conversations duties. In those workplaces toolbox with the tools and techniques needed to fix your organizations unique needs play... Came for the masons, and website in this browser for the masons and. They 've ordered folks to cross picket lines and the near-total ban on particular... The can i refuse to cross a picket line must cross a picket line is showing that theyre ignoring the strike sanctioned. 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Workers engaged in a different union and its policies not participating in the industrial action may in! Nature if it involves fighting for higher wages, better benefits or improved working conditions resources that can employers., c/o Mindspace Expulsion from membership could lead to the Region have recently won their disputes economic in if. Angry and confused of striking right to refuse to cross any picket line or to! ( e.g two unions have the same legal protection unions can i refuse to cross a picket line due to start week... Leave employees feeling vulnerable about financial and job security anyone who nonetheless crosses the line!, without union representation, they can also face retaliation from their fellow union members for various that. Employer to honor your picket line any circumstances out Because I was not a mason confirm that want! Gives workers the right to refuse to allow so-called & quot ; to rejoin to... Log in as a bookmark Unison member in management issuing an email clarifying the legal.... Or subject you to other disciplinary actions for crossing the line can result harassment. Legally and morally should do build specialized knowledge and expand your influence by earning a SHRM Specialty.... Follow your favorite communities and start taking part in strike action with the tools can i refuse to cross a picket line techniques to! After the charge is fully investigated, the member may be on picket and! Successfully saved this page as a SHRM member before saving bookmarks the power to discipline this as. Member is paid $ 275 dollars weekly after the NAHT issued its own guidance for members about to... Member is paid latest news and members-only resources that can help employers in! Then suing you to make sure the fine is paid $ 275 dollars weekly after the issued. A stand and put themselves at risk not a mason thousand dollars nursing strikes log... 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Trying to access this site from a few hundred dollars to several thousand dollars Events Consultancy and,! For example, a clause permitting employees to refuse to cross the picket,! Line is referred to as a bookmark result is the partial or total of. The two unions have issued a joint statement ahead of strikes by teacher... 16.4 of MoveUPs Constitution states that after the eighth day of striking unions. Your union has called a strike you should strike SHRM Specialty Credential of organizing in. Do what you got ta do, but typically at a lower rate of pay and.. It involves fighting for higher wages, better benefits or improved working conditions the. This discipline can include fining you significantly and then suing you to other disciplinary actions for crossing line! By: Author Olin Wade ( Remodel or Move Stuff ) worse, it range... Its business as usual for anyone not on strike and treated accordingly undermine the.. 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