GENERAL LEGAL PRINCIPLES; WAIVER – Union's Waiver of Employee or Organizational Rights

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1402.02000 – Union’s Waiver of Employee or Organizational Rights

The right to engage in a sympathy strike may be waived in a collective bargaining agreement. However, it is critical to note that the courts have held that a general no-strike clause that does not specify whether sympathy strikes are included or excluded, does not, simply by virtue of its incorporation in a collective bargaining agreement, prohibit such strikes.