Originally from Dispute Resolution Journal

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Labor and management often find themselves in a quandary over the application of management's rules to union representatives. When an employee is also a union steward rather than simply a regular employee, arbitrators are presented with much more difficult problems as to the appropriateness of discipline and discharge.

This study presents an analysis of cases published in Labor Arbitration Reports. Here wildcat strikes are revealed to be one of the most important issues in the discipline and discharge of union representatives who are brought to arbitration. Twenty-five percent of all these cases involving stewards were the result of their involvement in wildcat strikes.

An understanding of exactly what constitutes a wildcat strike is essential before one can proceed in this analysis. A wildcat strike is basically the employees' illegal concerted refusal to work which arises spontaneously or more likely with some degree of leadership because some grievance is unresolved. The illegal characteristic of a wildcat strike is based on the contractual agreement between labor and management.

In the contract both sides agree not to lockout or strike but to use the grievance process regarding rights issues. Yet, in the turmoil of a grievance it is often difficult for the members of the union and their officers to refrain from using their ultimate weapon—the strike. It is especially difficult to avoid this alternative when the grievance process appears inoperative. However, regardless of the reasons, management will normally seek to discipline those in violation of the contract, especially the leaders.