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Author Question: Does a general no-strike clause that does not reference sympathy strikes constitute a waiver of the ... (Read 95 times)

debasdf

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on: Jun 24, 2018
Does a general no-strike clause that does not reference sympathy strikes constitute a waiver of the right to participate in a sympathy strike?

Question 2

A taxi driver, hurrying to pick up a customer at the airport, races through a 20 mph hospital zone at 45 mph, and strikes May, who is crossing the street in a pedestrian crosswalk. May sues the driver and the taxi company. What kind of suit is this?
 a. Contract.
  b. Remedy.
  c. Negligence.
  d. Assault.
  e. Battery.


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aidanmbrowne

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Reply #1 on: Jun 24, 2018
Answer to Question 1

No. The courts require a clear and unmistakable waiver of a Union's rights to a sympathy strike. With the burden of proof on the employer to demonstrate a clear and unmistakable waiver of the right to sympathy strike, some language in the contract must show the intent to include sympathy strikes in the no-strike provision.

Answer to Question 2

.C


debasdf

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Reply 2 on: Jun 24, 2018
Thanks for the timely response, appreciate it

Joy Chen

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Reply 3 on: Yesterday
YES! Correct, THANKS for helping me on my review

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