National “Strike For Black Lives” Planned For Monday, July 20, 2020

Seyfarth Synopsis: This is to briefly alert all employers that there is an upcoming nationwide strike planned for next Monday, July 20, 2020. It is being referred to as the “Strike for Black Lives”, and has been organized by Movement for Black Lives (“M4BL”) and apparently by a coalition of supporting unions, including Fight for 15, the Service Employees International Union, the International Brotherhood of Teamsters, the American Federation of Teachers, the United Farm Workers, the United Food and Commercial Workers, the Communication Workers of America and the Amalgamated Transit Union. The proposed job action is for the full workday on July 20, with an alternative of 8 minutes for those who cannot afford to strike for the entire day.

This event presents numerous and novel legal issues for all employers, including concerns around diversity and inclusion initiatives, whether the action is protected activity under the National Labor Relations Act, what notice requirements apply in healthcare settings, the long-term legal and practical implications of opposing or supporting perceived political speech in the workplace, wage and hour issues, and other policy concerns. We are already hearing a myriad of concerns along these lines, including questions around aligning with (or opposing) M4BL’s stated objectives. Employers are responding in various ways, including publicly supporting the walkout, finding alternate means to facilitate the conversations, making plans to enforce no-strike language in a labor agreement or by asserting rights under the National Labor Relations Act. Concerns include the impacts of potentially politicizing the workplace, faithfully maintaining policies on solicitation and distribution, messaging about unions and maintaining positive employee engagement, separating or permitting certain speech in the workplace, and addressing issues of discrimination and equal treatment.

While the concerns are very broad, so too are M4BL’s demands, which are listed online as follows:

This is a moment to transform our economy and democracy but until we dismantle racism and white supremacy, we cannot win economic, climate or immigration justice. On July 20, workers demand:

1. Justice for Black communities, with an unequivocal declaration that Black Lives Matter, is a necessary first step to winning justice for all workers. To win higher wages, better jobs, and Unions for All, we must ensure that Black workers can build economic power. To win Healthcare for All, we must address disparities in accessibility and quality of care. Action on climate change must center communities of color. Immigrant communities stand in solidarity with Black workers to build power together. Education, housing, and criminal justice reform must start by listening to Black workers and leaders. We will support and align with Black-led organizations and their demands.
2. Elected officials and candidates at every level use their executive, legislative, and regulatory authority to begin to rewrite the rules and reimagine our economy and democracy so that Black communities can thrive. They must ensure fair and safe voting in-person and by mail so everyone can fully participate in our democracy. As we continue to address the COVID-19 pandemic, we must protect the health and safety of all workers, returning people to work and into public spaces with a rational, safe, well-managed plan designed with workers and community stakeholders.
3. Corporations take immediate action to dismantle racism, white supremacy, and economic exploitation wherever it exists, including in our workplaces. This includes corporations raising wages, allowing workers to form unions, providing healthcare, sick leave and expanded healthcare coverage to people who are uninsured or have lost coverage as the result of losing their jobs during the COVID-19 pandemic, child care support and more, to disrupt the multigenerational cycle of poverty created by their anti-worker attacks. Workers must have ample personal protective equipment (PPE) and have a voice in the plan to create safe workplaces during and after the pandemic.
4. Every worker has the opportunity to form a union, no matter where they work. Every worker in America must have the freedom that comes from economic security and equity in opportunity. We demand the immediate implementation of a $15/hour minimum wage, fully-funded healthcare coverage and paid sick leave for all.

It goes without saying that any employer reaction or approach to this event will require extraordinary sensitivity and that there is no one size fits all approach that will handle the concerns of all employers. As we work to develop further guidance, we wanted to issue this alert to ensure that all clients and employers are preparing to the greatest extent possible. We encourage you to reach out to your Seyfarth attorney to assist in those preparations.