Jurisdictional Strikes under the Labor Code

“Jurisdictional strikes” are prohibited under California law, and they are discussed in Chapter 7 of Part 3 of Division 2 of the Labor Code. Chapter 7 was added in 1947 by Chapter 1388. Section 1115 provides that “a jurisdictional strike as herein defined is hereby declared to be against the public policy of the State of California and is hereby declared to be unlawful.”

Section 1116 states that any person injured or threatened with injury by violation of this law is entitled to injunctive relief and recovery of any damages. Section 1117 defines the term “labor organization.”

Section 1118 defines a “jurisdictional strike” to mean “a concerted refusal to perform work for an employer or any other concerted interference with an employer’s operation or business, arising out of a controversy between two or more labor organizations as to which of them has or should have the exclusive right to bargain collectively with an employer on behalf of his employees or any of them, or arising out of a controversy between two or more labor organizations as to which of them has or should have the exclusive right to have its members perform work for an employer.”

Section 1119 states that this chapter is not to be construed to interfere with collective bargaining subject to the prohibitions in this chapter, nor to prohibit any individual voluntarily becoming or remaining a member of a labor organization, or from personally requesting any other individual to join a labor organization.

Section 1120 provides a severability clause to address any invalidity. Section 1122 specifies that any person who organizes an employee group which is financed in whole or in part, interfered with or dominated or controlled by the employer or any employer association, as well as such employer or employer association, will be liable to suit by any person who is injured, who can recover damages sustained by him and the costs of suit.