Solidarity action
Solidarity action (also known as secondary action, a secondary boycott, a solidarity strike, or a sympathy strike) is industrial action by a trade union in support of a strike initiated by workers in a separate corporation, but often the same enterprise, group of companies, or connected firm.[1]
In Australia,[2] Latvia, Luxembourg, the United States, and the United Kingdom, solidarity action is theoretically illegal, and strikes can only be against the contractual employer. Germany, Italy and Spain have restrictions in place that restrict the circumstances in which solidarity action can take place (see European labour law).[3]
The term "secondary action" is often used with the intention of distinguishing different types of trade dispute with a worker's direct contractual employer. Thus, a secondary action is a dispute with the employer's parent company, its suppliers, financiers, contracting parties, or any other employer in another industry.
Secondary action is generally prohibited, unless it satisfies the multiple criteria:[4]
The secondary action is also legal if there is a close relationship between the target in the secondary dispute and the primary dispute, on the premise that in such case the secondary target can influence the primary one.[4]
Italy[edit]
Solidarity action is generally a crime per article 505 of the Penal Code. However, the Constitutional Court (Decision No. 123 of 1962[5]), while acknowledging the legitimacy of the section, recognized the lawfulness of secondary strikes if genuine commonality of interest is present. In particular, a solidarity action may be legitimate to protest the dismissal of workers by a company in a particular industry.[6]
Spain[edit]
Secondary action is generally unlawful, however, the Constitutional Court had recognized their legality if there is at least a minimum convergence of interest, as established by courts on a case-by-case basis, between the participants in the primary and secondary strikes.[12]