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.
Can I [sign the strike pledge / take a strike vote / 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 union has two funds to support workers on strike: the Strike Benefits Fund and the Job Protection and Action Fund. Both of these are well-funded. It is also important to understand that payments from these funds will not equal replacement wages. By its nature, going on strike means taking a short-term sacrifice to win something that is more valuable over the long term.
Prior to a strike vote, the SEIU Local 503 Board of Directors can allocate a strike fund for a strike benefit. Strike funds are available to members actively participating in the strike. Hardship funds from the Job Protection & Action Fund are available to assist workers with specific needs, such as paying rent, utilities, car payments, etc.
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.