MCEA Strike FAQ
Frequently Asked Questions about Striking
Will bargaining continue during strike preparations?
We are prepared to bargain at any time, even during strike planning and preparation.
Who decides to conduct a strike?
Members do. Our elected bargaining team made the decision to call for a strike vote, but all members have the right to vote on whether to strike or to accept the County’s offer.
Who can vote?
All dues paying members in good standing can vote.
Who can strike?
All represented employees covered under our collective bargaining agreement can participate.
Will I get fired for striking?
It is illegal for the County to fire anyone for participating in a strike. You have the right to strike under the Oregon Public Employees Collective Bargaining Act, which governs public employees and their employers.
Do I need to call in to work each day that I am on strike, or do I simply not report to work?
No. Oregon law requires the Union to provide the County with advance notice of a lawful strike; it does not require each individual striking employee to provide daily notice. The County has directed striking employees to notify management if they are going on strike. The Union believes this requirement unlawfully interferes with employees’ protected right to participate in the strike and has sent the County a cease-and-desist demand regarding its FAQ.
If our legal guidance changes, we will notify you with how to give notice.
What do I do if my regular shift starts before the picket line starts?
If your shift begins before the authorized strike starts, report to work at your normal start time. When the strike begins, you may stop working and leave to join the strike. You do not need to finish the remainder of your scheduled shift simply because you were already at work when the strike began.
What if I am already on approved protected leave, Paid Leave Oregon, FMLA, or another continuous leave when the strike begins?
The strike will not impact protected leave you are already approved for. You should continue the process that you are already operating under.
Do I have to picket all day to receive strike pay? Can I picket more than one shift?
Striking members need to complete one 4.5 hour picket shift per day to qualify for strike pay. You are welcome to stay on the picket line for longer than that, but workers can receive a maximum of $400 a week for strike pay.
Once I go on strike, do I have to remain on strike until it ends? Can I intermittently join?
Once you are on strike you should stay on strike until completion. The main purpose of a strike is to put pressure on the employer by withholding your labor, going back to work after a single shift of striking undermines this idea. There is also less protection for a worker who intermittently participates vs and employee who stays on strike for the duration of the action.
Once you go on strike, you should plan to remain on strike until the Union announces that the strike has ended. The purpose of a strike is to put pressure on the County by collectively withholding our labor. Going back and forth between striking and working scheduled shifts weakens that collective action. Oregon law also does not protect planned intermittent or on-and-off-again strike tactics. Employees cannot plan to strike one shift, return to work for another, and then repeatedly go back out on strike.
Can temporary MCEA employees strike?
Yes. The law protects all workers participating in a strike.
Can non-members legally participate in the strike?
Yes. Only members of the Union are eligible for strike ay and hardship funds though.
Can I talk with coworkers about the strike while we are at work?
Yes. You have the right to talk with your coworkers about the Union and the strike. You can always have these conversations during breaks, meal periods, and other non-work time. You may also discuss the strike during working time in circumstances where the County normally allows employees to have personal conversations. The County cannot single out union or strike-related conversations for different treatment simply because they involve protected union activity.
What should I do if a supervisor tells me I am “harassing” or “pressuring” coworkers by talking about the strike, or telling coworkers to report union conversations to HR?
You should document the conversation, request information in writing, and immediately report the interaction to union headquarters. If you believe the conversations is disciplinary in nature or if they are asking you questions that could be disciplinary in nature, stop the conversation and request that you have a union stewards present.
What should I do if I believe management is retaliating against me or interfering with my right to strike?
Contact a steward immediately.
What should I bring to the picket line?
The most important thing is to bring yourself and co-workers. We will have snacks, drinks, lunch and other essentials like that. Make sure to check the weather beforehand so that you can dress appropriately.
Can I join the strike after the first day if I initially report to work?
You can. But please note the first day of the strike is often the most important. Showing up on the strike line on that first day sends a very important message to management.
What protections do probationary employees have if they participate in the strike?
Probationary employees have the same right to participate in a lawful strike as other bargaining-unit employees. The County may not discipline, terminate, or otherwise retaliate against an employee because they participated in protected union activity.
Can I participate in the strike if I am in my trial service period?
Yes! Your right to participate in our union actions is protected by the law even if you are in your trial service period.
How long would a strike last?
It depends on how quickly management starts to bring more reasonable proposals to the table. In the past, strikes have been relatively brief, lasting for one week or less – especially for public employees that would be shutting down an entire county.
If the strike lasts long enough, will there be strike benefits?
Yes. Our SEIU Local 503 Board of Directors and Hardship Committee was able to meet over the weekend and has approved strike benefits for the Marion County Strike. The Board has approved a strike benefit of $80/day if you are striking and show up at a picket line, for a max of $400/week. In addition, workers who are facing hardship or have trouble paying bills due to striking; the board is seeding a hardship fund with $500,000 for striking workers at Marion County and Higher Education. Workers who are facing a hardship in paying bills will be able to submit a bill to get support. Initially, members will be eligible for up to $1000 in hardship funds (not to exceed the member’s missed pay). People requesting hardship will need to have been active strikers. Our Union does not require tax paperwork for up to $2000 in support that comes from our Union which would include picket pay and hardship in a calendar year.
More information about how to access the funds will be available in the coming days and funds are only available to members. Join today to make sure you will be eligible. Depending on how long a strike lasts, unemployment benefits may also be available for workers on strike.
Are all members expected to join a strike?
Yes. It is essential that we have strong picket lines throughout our strike to keep people from crossing our lines and to allow other unions and allies to support our strike.
Strike benefits and hardship aid are only available to members who show up on the picket lines or participate in other designated strike activities.
Accommodations will be made for members with disabilities that prevent them from walking a picket line.
What happens if a represented worker crosses our picket line?
We would do all we could to convince fellow workers that it is in their best interests now and in the future to honor the line until a fair settlement is reached.
While the law allows unions to sanction members for anti-union activity, and this has been done in rare occasions, this has never been an effective way to organize strike support
What happens if you don’t want to strike but the majority of represented workers at the County vote to strike?
If workers vote to authorize a strike and our elected bargaining team calls for a strike, every union member should participate. Crossing the picket line weakens our union’s power and makes it harder to win the contracts workers need.
What about health insurance during a strike?
Once members authorize a strike, part of the strategy in setting the strike date includes ensuring that workers maintain insurance eligibility.
Can I use accrued vacation and sick leave during a strike?
No, workers cannot use leave or accrue leave during a strike.
How will the strike affect retirement benefits and seniority?
Strike time is treated as unpaid leave. Strikers do not receive retirement benefits or seniority credit when they are on strike.
Can strikers get unemployment benefits while on strike? Can non-members collect unemployment benefit as well?
SEIU fought to pass the Oregon law that pays public sector strikers under certain circumstances. This law applies to members and non-members.
If you participate in a strike or are a member of a group that goes on strike, you may be eligible for benefits if a strike lasts longer than two weeks.
To get answers to specific questions about your situation, you can contact the Oregon Employment Department directly.
Can anyone be fired or replaced for striking?
You cannot be disciplined for participating in a lawful strike.
Although the law allows the employer to permanently replace striking workers, it has not happened in previous public sector strikes and we would not return to work without protecting all workers as part of the strike settlement.
What happens to our ability to file grievances or arbitrations on events that occur after the contract expires?
The grievance and arbitration procedures are some of the few items that are affected by the expiration of the contract. Management would not be obligated to accept new grievances or arbitrations during this period. However, if the events or dispute at issue took place before the contract expired, management would have to follow the grievance arbitration process even if the grievance was filed after the contract expired.
However, the employer may not implement changes over mandatory subjects that differ materially from those proposed in the employer’s final offer in bargaining.
What happens to grievances or arbitrations that have already been filed?
They will continue forward unaffected as long as they took place before contract expiration.