Union Strike FAQs

No. If a bargaining unit (the group of employees in a union that are covered by a union contract) engages in a legal economic strike, individual employees in that bargaining unit can choose to work or choose to strike. As with any union-initiated strike action, employees who elect not to work as scheduled or assigned cannot and will not be paid for the period that they are withholding services and will not begin receiving compensation again until they return to work and begin performing their scheduled or assigned work. The University cannot provide compensation to employees unless assigned services are rendered. 

Under Illinois law, public employees represented by labor organizations are permitted to strike when certain conditions preceding a strike are met, and the University will comply with all applicable requirements and principles regarding the rights of striking employees. Continuing to receive pay while withholding services is not one of those rights.

If an individual employee works, they will be paid as usual. However, they will need to complete an attestation form provided by Human Resources in order to be paid for their work during a strike. Supervisors will receive a notification to confirm whether employees worked or did not work during a strike.

Employees covered by the bargaining unit will be required to affirm whether they worked for each day of the strike.  An attestation form for this purpose will be distributed upon completion of the strike and must be completed and submitted within five workdays after the strike has concluded to their supervisor. Supervisors will be required to verify attendance and performance of duties during the strike and, as appropriate, will follow up with employees who do not submit the form. Employees who fail to complete and submit the form will be presumed to have participated in the strike. 

Striking employees’ pay will be adjusted for each day they are on strike for the pay period.

No. If a bargaining unit (the group of employees in a union that are covered by a union contract) engages in a legal economic strike, individual employees in that bargaining unit can choose to strike. State law protects not only the right to strike, but also the right to refrain from doing so.

Generally, only employees covered under the current striking bargaining unit can lawfully strike after they have met all the requirements for a legal strike (i.e., expired contract, mediation has failed, and the Union has provided at least a ten-calendar day Notice of  Intent to Strike). Faculty, staff, and students in employee roles not represented by the specific striking bargaining unit are expected to perform their job duties as usual, so that the University can continue to provide service to its students, faculty, staff, and visitors.

In the event of a legal economic strike by employees represented by a specific bargaining unit (the group of employees in a union that are covered by a union contract), it is possible that University employees represented by unions other than the specific striking bargaining unit may contemplate joining in sympathy/solidarity strikes. Since all the University’s union contracts contain “No-Strike” clauses, any strike or refusal to perform duties by employees in these bargaining units would, in most cases, be in violation of the applicable “No-Strike” clause and the state’s labor law since the prerequisites for a legal strike would not have been met. Should actions of this nature occur, the University may obtain appropriate court or agency orders and consider appropriate penalties against unions and/or employees who take part in illegal job actions

If employees in other employee groups, including those not covered by a collective bargaining agreement, engage in a sympathy/solidarity strike (i.e., fail or refuse to perform all or a portion of their job duties), the University’s normal procedures governing absences or refusal to complete work remain in effect and will be applied.

Yes, though certain conduct is prohibited by law and policy. The following conduct expectations will continue during a picket and/or strike, are consistent with the law and current University policies, and will be enforced by the University: 

• Students, employees, and visitors have a right to attend classes and freely enter/exit academic or administrative buildings without being intimidated, coerced, or threatened. 
• Picketers and strikers are not permitted to block a door, passageway, driveway, crosswalk, or other entrance or exit. Should picketing occur, the University will take steps to ensure picketing does not interfere with ingress or egress for people or vehicles. 
• Picketers and strikers may not disrupt instruction, research, administration, or other University activities.
• Printed materials or handbills may be distributed anywhere on campus outside of University buildings.
• Any printed materials that are posted must be posted in compliance with University posting policies.
• Union officials, picketers or strikers have a right to talk to people going into or out of campus buildings. However, intimidation, threats and coercion are not permitted, either by verbal remarks or physical action.
• Conduct that threatens the health or safety of any person, or creates a reasonable fear that such a result will occur, including but not limited to acts of violence, threats of violence, threatening behavior, and/or reckless disregard for the health or safety of any person, are not acceptable conduct at Illinois State University and will not be tolerated. 

Additional information can be found in University Policy 6.1.1, University Facility and Space Use.

If any violation of these expectations occurs, a record of the incidents should be made and reported to StrikeQuestions@ilstu.edu. In the event of an emergency threatening the safety of property or persons, the aggrieved person or a witness should immediately report the behavior to ISU Police. ISU Police will continue to observe their normal procedures.

All employees and supervisors who may be reporting to work during the strike should be aware that intimidation, threats and coercion are prohibited. However, there is the possibility of being subjected to taunts and name-calling from picketing or striking employees, as well as possible threats of violence. Employees are advised not to respond to such conduct. More specifically:  

• The University will take all necessary steps to protect an individual’s right to enter and leave without interference.
• Arguments or shouting matches should be avoided.
• If passage to University facilities or property is not completely blocked, individuals should proceed slowly and with caution. 
• If passage to University facilities or property is completely blocked or if threats are made, individuals should not attempt to enter the premises and should message StrikeQuestions@ilstu.edu and then their immediate supervisor. The individual should write down a description of what happened and what was said, including the names or descriptions of the persons involved. Also, the names of other witnesses should be obtained. 

Any attempts to interfere with entering or leaving the University’s facilities or property should be reported to StrikeQuestions@ilstu.edu.

The University will not take disciplinary action or any other retaliatory action against any employee for exercising their legal right to picket and/or to strike. All employees and students are governed by standards of conduct, and a strike in no way removes the responsibility of all employees and students to act in accordance with these standards. Employees who violate University policy and/or engage in misconduct, such as illegal behavior (vandalism, assault, violent behavior, etc.), or harass, intimidate, or otherwise obstruct access or disrupt classes or work, will be held accountable for their behavior in the same manner as if they were not on strike. 

Illinois law does not allow unemployment compensation for employees who are on strike.

Employees eligible to participate in the State's Group Insurance program and/or the State University Retirement System (SURS) generally retain that eligibility in the event of a strike. 

• Group Insurance
  • Costs associated with group insurance coverage may be impacted depending on the length of the strike and the individual employee’s situation.   
• Retirement Contributions
  • Employees participating in the strike will not earn service credit for those days with SURS but will still be protected for survivor and disability for the first 30 days. If the strike extends beyond 30 days or if the employee is in an unpaid status (not due to regular academic breaks) for more than 30 days in a rolling 12-month period, the employee will not be able to make contributions to SURS and employees with less than 10 years of service will lose access to survivor benefits. Contributions to the 403b or 457 retirement plans which are based upon a percentage of the employee’s pay would be reduced.  
• Benefit Accrual
  • Accrual of payable sick leave will stop effective with the first full pay period of the strike for those employee who participate in a legal economic strike. Additionally, employees who strike will not be able to utilize accrued vacation, sick, non-accruing personal plus time, compensatory time benefits, or any other payable benefit time while striking.

Additionally, the timing of a work stoppage could also impact monthly salary disbursements for the next fiscal year.

Employees on a continuous medical leave of absence should contact the benefits office (438-8311) with questions.