Sec. 13A-112. Strikes.
- It shall be lawful for an employee, who is in the appropriate bargaining unit involved in an impasse, to strike if:
- The employee is not included in an appropriate bargaining unit for which the process for resolution of a dispute is by referral to final and binding arbitration;
- The Impasse Panel has certified that it or other authorized parties have terminated efforts to resolve the impasse and that all appropriate impasse procedures have been exhausted;
- Thirty (30) days have elapsed since the County Council has tried to resolve the dispute and to reach an agreement; or if 60 days have elapsed since the Panel's certification required in Section 13A-112(a)(2);
- The exclusive representative has given to the Panel and to the employer, after the time specified in Section 13A-112(a)(3), a 10-day notice of intent to strike.
- Where the strike threatened or when the strike occurring reaches the point where the public health or safety is alleged to be endangered, the employer may petition the Panel to make an investigation to verify the dangers alleged. The Panel shall set requirements that must be complied with to avoid or remove any such imminent or present danger or may require that all employees cease striking. In establishing such requirements, the Panel shall give strong weight to any agreement reached by the parties designating which employees shall be considered essential in the event of a strike.
- No labor organization shall declare or authorize a strike of employees, which is or would be in violation of this Section. The employer may apply to the Panel for a declaration that the strike is or would be unlawful and the Panel after affording the labor organization a reasonable opportunity to be heard on the application, may make such a declaration. No labor organization may engage in a strike to assist another labor organization, even if the latter organization is engaged in a lawful strike.
- The Panel may order the parties involved to engage in such impasse procedures as it may deem appropriate during the course of a strike, regardless of the legality of the strike.
- An unfair labor practice by the employer shall not be a defense to a prohibited strike.
- No employee shall be entitled to pay or compensation from the employer for the period engaged in any strike, except when such pay or compensation is directed by the Panel for good cause shown.