Law and Theory of Strikes by Government Employees.pdf

Cornell Law R eview Volume 67 Article 2 Issue 6 Aug ust 1982 Law and Theory of Strikes by Government Employees Kurt L. Hanslowe J ohn L. Acierno Follow this and additional works at : http://scholarship.law. /clr Part of the Law Commons Re ommended Citation Kurt L. Hanslowe and John L. A ierno, Law and Theory of S trikes by Go vernment Emp loyees, 67 Cornell L. Rev. 1055 (1982) Available at : http://scholarship.law. /clr/vol67/iss6/2 This Article is brought to you for free and open a ess by the Journals at Scholarship@Cornell Law : A Digital Repository. It has been a epted for inclusion in Cornell Law R eview by an authorized administrator of Scholarship@Cornell Law : A Digital Repository. For more information, please ontact jmp8@ . The Law and Theory of Strikes by Government Employees Kurt L Hanslowet andJohn L. Acierno INTRODUCTION The strike is the primary form of labor pressure in a collective bar- gaining system. The strike as a socio-economic phenomenon, however, has received relatively little systematic analysis. American courts and legislatures have accorded strikes scant legal attention in contrast to the searching constitutional analysis applied to picketing 1 and the detailed 2 statutory treatment given boycotting. American legal treatment of strikes differs fundamentally from that of Eastern Block socialist countries. American law views the strike pri- marily as an appropriate aspect of collective bargaining in the private economic sector. Recognition of strikes in the public sector, on the other hand, has been mor