Q: What is a strike?

A strike is a concerted refusal to work. Under the Illinois Educational Labor Relations Act (the “Labor Act”), a strike is a form of legally protected “concerted activity.” Employees engage in concerted activity when they act with or on behalf of other employees concerning the terms and conditions of their employment.

Q: Why is a strike being discussed?

One prerequisite that must be satisfied before employees may engage in a lawful strike under the Labor Act is that the collective bargaining agreement (“CBA”) governing the employees’ employment must have expired or been terminated. As of August 26, 2020, the following CBAs have expired or will soon expire:

• The CBA between the University and the Illinois Nurses Association (“INA”) is set to expire upon the completion of the last shift beginning prior to 12:00 (midnight) on September 7, 2020;
• The CBA between the University and Service Employees Internal Union, Local 73 (“SEIU”) covering professional employees expired on August 15, 2019;
• The CBA between the University and SEIU covering clerical employees expired on August 26, 2019;
• The CBA between the University and SEIU covering service employees expired on October 3, 2019; and
• The CBA between the University and SEIU covering technical employees expired on December 16, 2019.

Another prerequisite that must be satisfied before employees may engage in a lawful strike under the Labor Act is that “mediation has been used without success.” Federal mediators have been engaged to assist with negotiations for successor (new) agreements to the expired or soon-to-be expired CBAs referenced above.

Q: When may a strike occur?

Under Illinois law, a union need not inform the University of the date(s) on which a strike may occur. In order for a strike to be lawful under the Labor Act, the union must provide the employer with a “notice of intent to strike” and then wait at least 10 calendar days before actually commencing a strike. However, a union may strike at any time following the expiration of this 10-day period if all other conditions for a lawful strike have been satisfied.

Q: Which employees may participate in a lawful strike?  

In order to be eligible to engage in a lawful strike under the Labor Act, an employee must minimally be a member of a bargaining unit represented by a union that has satisfied all applicable prerequisites for engaging in a lawful strike. Employees not represented by a union may direct any questions regarding employee eligibility to participate in a lawful strike to Employee Relations. Union-represented employees should direct any questions regarding employee eligibility to participate in a lawful strike to their union.

Q: Can strikers or picketers prevent employees or visitors from entering University facilities?

Picketing on public property open to the public during a strike is generally lawful if it is done in a peaceful manner that does not deny employees or visitors use of the University’s property or facilities or the right of ingress or egress to the University’s property or facilities. Picketing must not prevent non-striking employees from working and must not materially disrupt University operations. Picketing inside of buildings or directly in front of building windows is generally disruptive to University operations.

With respect to picketing, the following principles apply:

• Picketers must not block a door, passageway, driveway, crosswalk, or other entrance or exit.
• University officials, with the assistance of law enforcement agents, should make every effort to permit individuals and vehicles to move into and out of the campus in a normal manner.
• Union officials and picketers have a right to try to talk to people going in or out of hospital or University buildings. However, the decision to respond or interact with union officials or picketers is up to the individual.
• Intimidation, threats, and coercion are not permitted, either by verbal remarks or physical behavior.

Any conduct believed to be impermissible based on the above should be immediately reported to a supervisor or to UIC police at 312-355-5555.

Q: Which employees may participate in a lawful strike?  

In order to be eligible to engage in a lawful strike under the Labor Act, an employee must minimally be a member of a bargaining unit represented by a union that has satisfied all applicable prerequisites for engaging in a lawful strike. Employees not represented by a union may direct any questions regarding employee eligibility to participate in a lawful strike to Employee Relations. Union-represented employees should direct any questions regarding employee eligibility to participate in a lawful strike to their union.

Q: Will employees be paid while they are on strike?

Employees who are absent from work without authorization during a strike will not be paid for the absence.

Q: Are employees obligated to participate in a strike? 

No. All employees have a legal right to refuse to participate in a strike. In fact, it is unlawful for a union to coerce employees in the exercise of their legal right not to strike.

Q: Are employees who are ineligible to engage in a lawful strike still expected to come to work during a strike?

Yes. Any employees who are not eligible to engage in a lawful strike under the Labor Act will be expected to perform their usual job duties during a strike.

Q: Can employees represented by a striking union utilize sick leave during the strike?

A strike is not a valid reason for utilizing sick leave.  If an employee represented by a striking union submits a request to use sick leave on the day of a strike, the employee’s supervisor may require the employee to provide evidence to substantiate his or her need for sick leave and may not approve the request if such evidence is not provided.

Q: What if an employee refuses to report how many hours he or she worked, during or following a strike?

Employees represented by a striking union who are not approved for leave and who fail to report to work during a strike will be presumed to be on strike and not working at all. A refusal by an employee to report how many hours he or she worked on a given day may result in the employee not being appropriately compensated. Employees have a legal and ethical duty to accurately record how many hours they work on a given day.

Q: During a strike, can non-civil service employees be assigned to perform work usually performed by striking employees?  

Yes, depending on the nature of the work, it may be reasonable to assign a non-civil service employee to perform work usually performed by a striking employee. However, if a special qualification or credential (such as a certification or professional license) is required to perform the work in question, then the individual performing the work must have that qualification or credential.

Q: Will employees be permitted to go on and off strike for partial shifts?

No.

Q: Can employees receive on-call pay while they are on strike?

An employee may not receive on-call pay while they are on strike.

Q: Can strikers or picketers prevent employees or visitors from entering University facilities?

Picketing on public property open to the public during a strike is generally lawful if it is done in a peaceful manner that does not deny employees or visitors use of the University’s property or facilities or the right of ingress or egress to the University’s property or facilities. Picketing must not prevent non-striking employees from working and must not materially disrupt University operations. Picketing inside of buildings or directly in front of building windows is generally disruptive to University operations.

With respect to picketing, the following principles apply:

• Picketers must not block a door, passageway, driveway, crosswalk, or other entrance or exit.
• University officials, with the assistance of law enforcement agents, should make every effort to permit individuals and vehicles to move into and out of the campus in a normal manner.
• Union officials and picketers have a right to try to talk to people going in or out of hospital or University buildings. However, the decision to respond or interact with union officials or picketers is up to the individual.
• Intimidation, threats, and coercion are not permitted, either by verbal remarks or physical behavior.

Any conduct believed to be impermissible based on the above should be immediately reported to a supervisor or to UIC police at 312-355-5555.

Q: Can supervisors ask employees if they intend to strike?

Supervisors should not question employees about their intentions to strike. Doing so may interfere, restrain or coerce employees in the exercise of their rights under the law.

Q: Can supervisors discuss a strike with represented employees?  

As a general matter, supervisors should refrain from discussing issues related to a strike with represented employees.

Q: Can employees represented by a striking union utilize sick leave during the strike?

A strike is not a valid reason for utilizing sick leave.  If an employee represented by a striking union submits a request to use sick leave on the day of a strike, the employee’s supervisor may require the employee to provide evidence to substantiate his or her need for sick leave and may not approve the request if such evidence is not provided.

Q: Can departments deny requests to use vacation time or cancel previously-approved vacation time during, or in anticipation for, a strike?

Previously-approved vacation time should generally not be canceled, and collective bargaining agreements should continue to be followed. New requests to use vacation time should be considered in accordance with current practice. Leadership and management vacations should be scheduled to ensure continuing coverage through any anticipated strike period and for one week thereafter.

Q: What if an employee reports to work on the day of a strike but refuses to perform his or her assigned duties?

If an employee reports to work, then he or she is presumably not engaging in a strike and will be expected to perform his or her regular job duties in exchange for compensation. If an employee reports to work and refuses to perform his or her assigned job duties, Employee Relations should be contacted.

Q: Should supervisors conduct surveillance regarding who is on a picket line?

No. Supervisors should keep track of whether employees report for work for operational reasons and should not track or record who is on a picket line.

Q: How will supervisors keep track of time for employees who are working during a strike?  

Employees who are working during a strike will “badge in” as usual. However, such employees may be directed to a waiting area from which they will be assigned to a unit based on staffing needs. Once on a unit, employees will report to a supervisor and “sign in” on a form.

Q: What if an employee refuses to report how many hours he or she worked, during or following a strike?

Employees represented by a striking union who are not approved for leave and who fail to report to work during a strike will be presumed to be on strike and not working at all. A refusal by an employee to report how many hours he or she worked on a given day may result in the employee not being appropriately compensated. Employees have a legal and ethical duty to accurately record how many hours they work on a given day.

Q: During a strike, can non-civil service employees be assigned to perform work usually performed by striking employees?  

Yes, depending on the nature of the work, it may be reasonable to assign a non-civil service employee to perform work usually performed by a striking employee. However, if a special qualification or credential (such as a certification or professional license) is required to perform the work in question, then the individual performing the work must have that qualification or credential.

Q: Can departments conduct training for staff or temporary employees in anticipation for a strike?

Yes. This is recommended. Supervisors and managers should, however, refrain from engaging in discussions regarding the reasons for the training with union-represented employees, except to direct how and when it will occur. Such discussions could be construed by a union as interfering, restraining or coercing employees in the exercise of their right to strike.

Q: May departments assign overtime in anticipation for a strike in order to “get ahead” or “keep up” with work?

Departments may follow their regular process for offering and assigning overtime, consistent with the requirements of any applicable collective bargaining agreements.

Q: Will employees be permitted to go on and off strike for partial shifts?

No.

Q: Can employees receive on-call pay while they are on strike?

An employee may not receive on-call pay while they are on strike.