The Renaissance of the Right to Strike in the United States Inside and Outside of Traditional Labour Law

Abstract

The epithets on the grave of the American labour movement have long been written. Yet hope springs eternal. Recent developments, such as the Covid pandemic and the role of artificial intelligence in disrupting traditional work models, have prompted suggestions that labour unions may yet become reinvigorated and have a role in safeguarding worker rights in the face of these changes. This article examines these prospects, particularly through the lens of the strike and other forms of collective action. While traditional union activity – notwithstanding raised hopes – remains hamstrung by regressive US labour law and low prospects for legislative change, collective action in the wider sense does have potential to boost worker rights. Such action includes both lawful and unlawful strikes and protests in key sectors, by union and non-union employees, and even non-employees, such as independent contractors. The subject of these actions may even go beyond traditional employment concerns and include human rights. Potential obstacles under traditional labour law and antitrust law are not insurmountable.