Britannica Sources used in this answer

Why are many public employees in the United States prohibited from striking?

Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.

The Code of Hammurabi diorite stela, with carved figures at the top showing Hammurabi seated with cuneiform inscriptions below. — Labour law Diorite stela inscribed with the Code of Hammurabi, 18th century bce.

In the United States, most federal, state, and municipal unions are denied the legal right to strike. While the right to strike is generally granted to private-sector workers in many industrialized nations, public-sector employees are often subject to different legal frameworks that prohibit such work stoppages.1

These prohibitions are rooted in the principle that public services are essential to the functioning of society and the government, and therefore, disruptions caused by strikes are viewed as unacceptable threats to public welfare and order. Consequently, various states have enacted legislation that explicitly restricts or forbids collective bargaining and the right to strike for public-sector unions.123

Because these strikes are considered illegal under existing law, public employees who participate in them risk significant consequences, including the potential for permanent job loss. This legal landscape reflects a broader trend in American labour law where, since the late 20th century, various legislative efforts and court decisions have sought to limit the economic and political power of unions, particularly within the public sector.132