State Provisions Regarding Labor Unions and Strikes

The NLRA governs labor relations of private employers, subject to some limitations. A union of a private employer should determine whether the NLRA applies to its business. State labor statutes generally govern labor relations between public employers and unions. These provisions are summarized below.

ALABAMA: All employees have the general right to join or not to join a labor organization.

ALASKA: Public employees are permitted to join to bargain collectively, and, subject to restrictions, public employees may strike.

ARKANSAS: It is public policy in Arkansas that employees should be free to organize to bargain collectively. However, the statute has been held not to apply to public employees, and public employees are prohibited from striking.

CALIFORNIA: California provides an extensive statutory scheme governing collective bargaining in that state. Collective bargaining by employees of public employers is generally permitted.

COLORADO: Collective bargaining is permitted by statute, which also provides a limited right to strike.

CONNECTICUT: Connecticut permits bargaining by state and municipal employees, with some exceptions.

DELAWARE: Most public employees are permitted to bargain collectively, but strikes by public employees are generally prohibited.

FLORIDA: Right for public employees to bargain collectively is guaranteed by statute, but public employees are forbidden to strike. Public employers are required to recognize employee organizations with majority status.

HAWAII: Statute permits collective bargaining by all public employees. During impasse, mediation, fact-finding, and binding arbitration are provided by statute. Strikes are permitted only after other conflict resolution provisions have been completed without success.

ILLINOIS: Public employees are generally permitted to bargain collectively. Strikes are permitted only after certain conditions are met.

INDIANA: Most public employees permitted to bargain collectively, but strikes are generally prohibited.

IOWA: Statute allows bargaining by all public employees. The statute provides a number of procedures for conflict resolution, including mediation, fact-finding, and binding arbitration. Strikes by public employees are prohibited.

KANSAS: Collective bargaining is permitted by all public employees, but subject to some limitations in the process. Strikes by public employees are prohibited.

LOUISIANA: Collective bargaining is neither prohibited nor required in Louisiana.

MAINE: Statue permits collective bargaining by all public employees. Strikes by all state employees are prohibited.

MASSACHUSETTS: Statute allows collective bargaining by all public employees. Strikes or other strike-related activity are prohibited by public employees.

MICHIGAN: Statute permits bargaining by public employees. Strikes by public employees are prohibited.

MINNESOTA: Statute allows collective bargaining by all public employees. Strikes are permitted only after certain conditions have been met.

MISSOURI: Some public employees are granted a right to bargain collectively. Statute does not grant a right to strike.

MONTANA: Statute permits all public employees to bargain collectively. Courts have construed this statute to permit strikes.

NEBRASKA: Statute permits bargaining by all public employees. Nebraska restricts supervisors from joining a bargaining unit, with some exceptions. Strikes by teachers are prohibited.

NEVADA: Statute permits bargaining by all public employees. Strikes by public employees are illegal by statute.

NEW HAMPSHIRE: Statue permits collective bargaining by all public employees. Impasse resolution procedures must be implemented within the same time period specified by the statue. Strikes by public employees are illegal by statute.

NEW JERSEY: Statute permits bargaining by all public employees but excludes standards of criteria for employee performance from the scope of negotiation.

NEW YORK: Statute permits bargaining by all public employees. The statute limits the scope of negotiations to matters related to wages, employment hours, and other terms and conditions of employment. Arbitration is required by statute when an impasse is declared. Strikes by public employees are prohibited.

NORTH CAROLINA: Statute prohibits collective bargaining by all public employees. Statute also prohibits strikes by public employees.

NORTH DAKOTA: Statute permits mediation of disputes between public employees and employees. The statute also specifies the rights of public employees, including membership in a union.

OHIO: Statute permits collective bargaining by public employees. Strikes by public employees are prohibited.

OKLAHOMA: Statutes generally permit collective bargaining by public employees.

OREGON: Statue permits collective bargaining by all public employees. Impasse resolution procedures include mediation and fact-finding. Strikes are permitted after conflict resolution procedures have been implemented.

PENNSYLVANIA: Statute permits bargaining by all public employees under the Public Employee Relations Act. Statute limits which employees may be included in a single bargaining unit. Strikes by public employees are permitted only after conditions set forth in the statute are met.

RHODE ISLAND: Statute generally permits collective bargaining by state and municipal employees. Strikes by some public employees are prohibited.

SOUTH DAKOTA: Statute permits bargaining by all public employees. Strikes by public employees are prohibited.

TEXAS: Statute prohibits public employees from entering into collective bargaining agreements. Strikes by public employees are generally prohibited.

UTAH: Statute permits union membership by public employees.

VERMONT: Statute permits bargaining by all state and municipal employees. Strikes by state employees are generally prohibited.

VIRGINIA: Strikes by public employees are prohibited by statute.

WASHINGTON: State permits collective bargaining by public employees. Strikes by public employees are prohibited by statute.

WISCONSIN: Statute permits collective bargaining by municipal employees. Impasse resolution procedures include mediation and arbitration. Strikes are permitted after impasse resolution procedures have been exhausted.

WYOMING: Statute permits right to bargain collectively as a matter of public policy.


Inside State Provisions Regarding Labor Unions and Strikes