Aiming to build on recent “day without” protests, some labor unions and other organizations around the United States have begun formally announcing their plans for a coordinated “general strike” on May 1 and have threatened to boycott any businesses that stand in their way.
In February, activists held a “Day Without Immigrants” and encouraged immigrants to stay home from work to protest actions of the Trump administration. In March, a “Day Without Women” caused several schools to close for the day. For May 1, which is both International Workers’ Day and May Day, several groups have now officially called for a general strike.
One of the primary leaders of the movement is a branch of the Service Employees International Union. During an April 3 press conference in Washington, D.C., spokesperson Denise Solis said that group will participate to voice its opposition to what it says is an attack by the federal government on various communities, especially immigrants.
| For more on what HR should do to prepare for and respond to upcoming walkouts and strikes, join McCormick and Monty as they copresent ‘May Day’ Walkouts and Strikes Imminent: How to Maintain Productivity and Avoid NLRA or Discrimination Claims When Employees Walk Off the Job in Political Protest, on Friday, April 21, 2017. Click here to register! |
“It is time to defend all people, including workers, immigrants, Muslims, Women, LGBTQ people. It is time to defend our climate, our schools and our unions,” SEIU United Service Workers West’s Facebook page says. According to various news reports, about 350,000 members are expected to participate.
Another sponsor, The Food Chain Workers Alliance, has issued a similar call, saying that on May 1 food workers should strike to protest “exclusion based on religion, race, gender identity, class, or immigration status.”
Movimiento Cosecha, an organization that advocates for the rights of undocumented immigrants, has called for all immigrants to refrain from working, going to school or making any purchases that day. “We are the ones that sustain this country,” said spokesperson Maria Fernanda Cabello, announcing the strike. “We’re in every major industry in this country and without us, it wouldn’t run.”
Cabello offered a message to any employers threatening to fire employees who participate: “If you choose to go against the people, the people will go against you.” She said that she would call for a boycott of any business that fired workers for participation.
The Fight For 15 and UNITE HERE Tech Cafeteria Workers also are sponsors, according to Cosecha.
Employer Takeaway
When employers fired workers for taking part in the “Day Without Immigrants,” some made headlines and experienced a backlash from customers. Firing workers in this way also risks drawing the attention of the National Labor Relations Board (NLRB), two experts told BLR®.
Kevin McCormick—a partner at Whiteford, Taylor & Preston and editor of Maryland Employment Law Letter—and Jacob Monty—managing partner at Monty & Ramirez, LLP and editor of Texas Employment Law Letter—said that if workers are participating in a 1-day event, its unwise to discipline them under your attendance policy. The NLRB, with its current left-leaning makeup, is very interested in protecting these types of activities, McCormick said.
And if you know in advance that you might be facing a walkout, train your managers. Employers should ensure that frontline supervisors don’t mistakenly tell employees that they will face disciplinary action if they don’t report to work, McCormick said.
For a series of Q&As on handling 1-day strikes, see A ‘Day Without’ Employees? Excuse the Absences, Experts Say.
For more information on how to maintain productivity and avoid discrimination claims, attend: “May Day’ Walkouts and Strikes Imminent: How to Maintain Productivity and Avoid NLRA or Discrimination Claims When Employees Walk Off the Job in Political Protest,” on April 21, 2017. Click here to learn more.
 Kate McGovern Tornone is an editor at BLR. She has almost 10 years’ experience covering a variety of employment law topics and currently writes for HR Daily Advisor and HR.BLR.com. Before coming to BLR, she served as editor of Thompson Information Services’ ADA and FLSA publications, co-authored the Guide to the ADA Amendments Act, and published several special reports. She graduated from The Catholic University of America in Washington, D.C., with a B.A. in media studies. |