Are salaried workers required to cross a picket line during a labor strike? What happens.

DETROIT − Amid talk of labor strikes, many salaried white-collar workers are wondering whether they have the right to not cross a picket line, in support of lower-paid colleagues.

The Detroit Free Press, a part of the USA TODAY Network, reported that Ford Motor Co. has been preparing its salaried workers to assume jobs in parts depots in case of a strike.

So the issue of what is – and isn't allowed – in a strike situation is top of mind.

Can a company require salaried workers to cross a picket line?

"Generally speaking, if the salaried worker is not represented by a union, and most aren’t, yes," said Michelle Kaminski, an associate professor of labor relations at Michigan State University.

If white-collar workers are unionized, and they have a clause in their contract that allows for not crossing a picket line, then they should be fine, said Erik Gordon, a professor at the Ross School of Business at the University of Michigan.

What is the consequence of not crossing a picket line during a strike?

◾ "Nonunion workers who refuse to cross picket lines generally can be terminated," Gordon said. "If they genuinely are intimidated by picketers, the company can allege a violation of labor law, but unless picketers block access to the premises or there is a credible threat of violence, picketers have a lot of latitude to make noise and hurl personal insults."

◾ "If (nonunion workers) refuse to follow the direction they’ve been given by management, they could potentially lose their job if the company wanted to take such drastic measures," Kaminski said. "They could be fired for refusing to accept an assignment."

◾ Sympathy strikers can be permanently replaced, Kaminski said. Depending on their rank in an organization, some will retain the right to be put on a preferred recall list for a limited period of time. Many people consider being fired and being permanently replaced as the same, though technically different, Kaminski said.

Is it good strategy for companies to train salaried workers to do the jobs of blue-collar workers during a strike?

"I think it’s smart of Ford management to have done this" in 2023, Kaminski said.

"It’s clear that (United Auto Workers) negotiations are more contentious this year than they’ve been in a while. It's clear that the union side is really working to mobilize its membership to focus on solidarity and commitment in the event of a strike," she said. "Of course, it makes sense for management, too. I believe they’re capable of both negotiating and preparing for the possibility of a strike. It's not the same people sitting at the table and preparing alternate plans."

Earlier this summer, UPS expected nonunion managers to try to do work Teamsters did if the union had gone on strike, Gordon said.

What about salaried workers who don't want to cross picket lines?

A number of salaried workers still do their work from home, which removes the physical requirement of crossing a picket line to report to do the job. The Free Press asked the Detroit Three automakers for their input.

◾ GM spokesman David Barnas told the Free Press: "The safety and security of our employees is the guiding principle during any business continuity plan. For competitive reasons, we don’t share specific details of our business continuity planning.”

◾ Ford spokeswoman Jessica Enoch declined to comment.

◾ Stellantis spokeswoman Jodie Tinson declined to comment

What is the downside to prepping salaried workers to do UAW jobs?

"You’re going to have people drive forklift trucks who are now designing fuel injection systems," said Harley Shaiken, professor emeritus at the University of California, Berkeley, and an expert on automotive labor. "This is an ill-considered move. And then assume you’re going to be able to keep it secret when it carries this kind of emotional charge for many workers? The odds of a leak are 100%."

If a company like Ford wanted to protect its supply flow to emergency responders for vehicle parts, for example, company leaders can sit down with the union and negotiate an exception for one parts depot and have UPS drivers pick up parts for transport, Shaiken said. This would likely be a far cheaper alternative than flying salaried workers around the country.

"This (Plan B strategy) challenges the good relationship that Ford has had with the UAW in recent years," he said. "That didn’t drop out of the sky. It was built by both sides knowing that there can be sharp differences but you resolve them through bargaining. Ford has the best relationship of any of the Detroit automakers. You can destroy that very easily when you're in critical negotiations. That's not trivial."

More:UAW President Shawn Fain responds to workers worried about pay loss during a strike

Labor experts, including Shaiken, whose grandfather worked for Ford at the Rouge plant, questioned why Ford was starting to make a contingency plan two months before the contract deadline of Sept. 14.

Unquestionably, we have seen that these are unusually tense negotiations, but we’re looking at the opening weeks, Shaiken said. "Look at what happened with the Teamsters and UPS, they broke off negotiations and they couldn't even agree who walked away from the table. Then eight or nine days before the deadline, (Teamsters General President) Sean O'Brien said, 'I see a straight line to the picket line.' A few days later, the CEO of UPS sends an email with a real proposal, O'Brien looks at it and says, 'We can talk.' They both go back to the table and in one day they settle a contract that both sides are applauding now. It still needs to be ratified."

Early weeks of contract negotiations always involve both sides pushing hard and loudly, Shaiken said. "Am I saying there's no chance of a strike? No, not at all. There's a lot of ground the union is seeking to recover and companies are having their own sets of issues. But we are a long way from an inevitable strike."

Putting together a contingency plan now seems premature, he said. "This may have been an idea that someone had that, 'Well look, this is where we’re heading. We don’t see a way out.' The fallout they’re getting from it is very real and damaging."

Is there any risk in redeploying white-collar workers during a strike?

"They sometimes try to fill in for absent strikers, sometimes successfully and sometimes comically," Gordon said.

For families with white-collar and blue-collar workers, the conflict can be serious.

"In some blue-collar families, crossing a picket line can be a mortal sin," Shaiken said. "The strike is viewed as the ultimate weapon workers have. To violate that breaks solidarity. That is something that is the very soul of the union, particularly the UAW."

On the other hand, families with striking workers may need the paycheck that a salaried worker is providing during the work stoppage, so the family dynamic can be complicated, Kaminski said.

Why do union members refuse to cross other picket lines?

◾ In most cases, union members consider refusing to cross another union’s picket line a matter of solidarity, Gordon said. "Beyond solidarity, there is practicality. The next time it might be the members’ own union that is on strike, and they hope for reciprocity – that the union they helped will return the favor."

◾ When a company’s workers are members of different unions, the effect of honoring picket lines is greater than the effect of just one union striking, Gordon said. "The effect is a powerful tool on the union side of labor negotiation."

◾ If a union’s bargaining agreement included a no-strike clause, it cannot encourage its members to refuse to cross another union’s picket line – that would be a sympathy strike banned in the agreement, Gordon said. The Screen Actors Guild – American Federation of Television and Radio Artists had a no-strike clause and told its members that crossing the Writers Guild of America picket lines was solely an individual decision, Gordon said. "SAG-AFTRA later went on strike after its agreement expired."

◾ Teamsters contracts say they don’t have to cross a picket line where they deliver anything anywhere, Kaminski noted.

Contact Phoebe Wall Howard: [email protected]. Follow her on Twitter @phoebesaid.