Stricken Legal Term Definition

The development of trade unions in the nineteenth century was met with hostility from employers. The concept of collective bargaining between employer and employee has been seen as contrary to the right of individual workers and their employers to negotiate wages and working conditions – a concept known as freedom of contract. When the unions went on strike, they had to deal with management without legal protection. Employers dismissed strikers and obtained court injunctions ordering unions to end the strike or risk contempt of court. Federal labour law requires a 60-day waiting period before workers can strike to force the termination or amendment of an existing collective agreement. The terms of the agreement remain in full force and effect during this period, and any employee who strikes can be terminated. The 60-day “cooling-off period” begins when the union terminates the employer or the end of the existing contract. This provision is without prejudice to the right of workers to strike in protest against unfair labour practices of their employer. However, it helps prevent premature strikes. Employees lose their right to keep their jobs if their strike is illegal. For example, public sector workers are generally prohibited from striking. If they do, they risk being fired. In 1981, President Ronald Reagan responded to an illegal strike by federal air traffic controllers by laying off more than ten thousand employees.

A strike is usually legal if it is peaceful. A strike is never a legal excuse for violence, and physical violence and property damage are considered criminal acts. Employers who use violence against strikers are subject to the same penalties. These sample phrases are automatically selected from various online information sources to reflect the current use of the word “affected”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. Attend the most popular CLE seminar ever. More than 215,000 people – including lawyers, judges, trainee lawyers and paralegals – have benefited since the early 1990s.

You`ll learn the keys to professional writing and learn no-frills techniques to make your letters, memos, and briefings more powerful. n. an application for an order by a judge to withdraw the pleading (complaint, response) of the objection in whole or in part for one of the following reasons. It is often used to have an entire cause of action removed (“expungement”) from the court record. A motion to strike is also made orally at the hearing asking the judge to order “beaten” answers from a witness that violate the rules of evidence (laws that govern what is allowed in the trial). Even if the jury is warned to ignore such an answer or comment, the jury heard it, and “once a bell has rang, it cannot be rung.” Knitting Off Leave is a legal term used in the state of Illinois to refer to the state of court proceedings. It allows the judge to remove the case from the court`s list of cases for a specific reason and reserves the right to reopen or dismiss the case at a later date. Knitting refers to the outcome of a lawsuit and is sometimes referred to as “scuté with reset permission.” This does not mean that the defendant has been convicted or acquitted of the charges. The case is considered closed and it is the prosecutor`s responsibility to request a retrial within 30 days.

If a person was a defendant in a case where they were removed from authorization, they may request that the charge be removed from their record. Over the years, various types of strikes have been given distinctive names. Here are the most common types of strikes, some of which are illegal: See full definition of deleted in the dictionary English Language Learners However, a strike is generally legal if workers use it to exert economic pressure on their employer to improve employment conditions. A strike is illegal if it is directed against someone other than the employer or if it is used for other purposes. Federal law prohibits most boycotts or pickets against a party not involved in the main dispute. These tactics are known as secondary boycotts or secondary pickets and are strictly limited so that companies that are innocent bystanders are not victims of a labour dispute they cannot resolve. 1) v. remove a statement from the record of the court proceeding by order of the judge because a question, answer or comment to which objections have been raised is inappropriate. Often, after a judge deletes a comment or statement (a response made before an objection stops the witness), he warns (warns) the jury to disregard the stricken tongue, but the jury finds it hard to forget because “a bell once rung cannot be rung.” 2) v.

order that the wording of a pleading (for example, a complaint or reply) be deleted or cease to have effect, usually as a result of a request by the opposing party and an argument, on the ground that the wording (which may be a full plea) is not proper oral argument, does not indicate a cause of action (a valid claim under the law) or is not in the correct form. 3) n. the organized refusal of workers to remain in the workplace, usually accompanied by demands for a collective agreement, higher wages, better conditions or other wishes of workers, and possibly a picket line to give voice to workers` demands and discourage other workers and customers from entering the store, the factory or store. Nglish: Translation of deleted for Spanish-speaking unions can fine or expel members who show up on picket lines, fail to comply with a legal strike, or commit violence during a strike. In addition, they can sanction members for anti-union behaviour such as spying for the employer or participating in an unauthorized strike. A member of a trade union has the right to written notification of the specific charges against him or her and to a full and fair trial before he or she can be deported. The unions` unequal bargaining power was corrected in the 1930s with the passage of two important federal labour laws. In 1932, Congress passed the Norris-Laguardia Act (29 U.S.C.A.

§§ 101 et seq.), which severely limited the power of federal courts to issue injunctions in labor disputes. The law provided for strict procedural restrictions and safeguards to prevent abuse by the courts. The National Labor Relations Act (Wagner Act) of 1935 (29 U.S.C.A. §§ 151 et seq.) clearly established the right of workers to form, join, or support trade unions. The law allowed collective bargaining by unions and gave workers the right to participate in “concerted action” to wage collectively.

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