Author Question: Does a general no-strike clause that does not reference sympathy strikes constitute a waiver of the ... (Read 97 times)

debasdf · **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.

aidanmbrowne · **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