Return to work order
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A return to work order (also known as a back to work order) is a legal order issued by a government or other public authority that orders an end to a strike by workers, forcing employees to return to their jobs.[1][2][3] Such actions may take different legal forms, depending on the jurisdiction. These measures are typically used during labor disputes in industries considered essential to national infrastructure, security, or economics. Examples of such industries include rail systems, ports, postal systems, manufacturing, or aviation.[4]
Legal mechanisms
[edit]Judicial injunctions
[edit]Throughout various countries (including the United States), judicial injunctions are a major method used to end private-sector strikes. This usually involves the federal government petitioning a court. Once issued, the injunction mandates that employees return to work for a certain "cooling off" period while negotiations or mediation occurs. This period generally varies from country-to-country.[5][6][7]
Executive actions
[edit]In certain jurisdictions and industries, a government executive can bypass the judicial or legislative branches entirely and directly issue orders to terminate a strike. [8][9]
Binding arbitration
[edit]Some countries accompany a return to work order with binding arbitration. Instead of allowing both sides to negotiate, the dispute is handed off to a third-party arbitrator. The arbitrator then presents the final compromise contract which both parties are legally required to accept.[10][11]
By country
[edit]Canada
[edit]In Canada, the federal government explicitly possesses powers to end labor stoppages.
Under Section 107 of the Canada Labour Code, federal labor ministers have authority to direct the Canada Industrial Relations Board to end a strike.[8][9]
United States
[edit]Compared to Canada, the United States federal government has more limited control over labor.
The Taft–Hartley Act gives the president authority to seek an injunction against labor stoppages that affect "national health and safety" in private sectors through a federal district court.[12][13][5] If granted, the injunction prevents employees from striking for 80 days.[14]
The president has greater powers over transportation sectors through the Railway Labor Act.[15] The RLA allows the president to prohibit strikes for 30 days, if the strike would threaten essential transportation needs.[16]
Italy
[edit]In Italy the Prime Minister, or a nominated minister, may limit a strike when a labor stoppage would involve services that are considered essential.[17][18]
Notable instances
[edit]- The steel strike of 1959 by United Steelworkers of America lasted for 116 days, during which 85 percent of US steel mills were shut down.[19][20] President Dwight D. Eisenhower invoked the Taft-Hartley Act to end the strike, and this action was upheld by the Supreme Court in United Steelworkers v. United States.[21][5]
- On August 3, 1981, US president Ronald Reagan ordered an end to the PATCO strike, directing all air traffic controllers to return to work within 48 hours.[22][23] The strike was ended with over 11 thousand strikers fired.[24][25]
- In December 2024, a return to work order was issued to Canada Post employees, forcing an end to a month long strike.[26]
References
[edit]- ↑ "FAQ: Back-to-work legislation". CBC. June 15, 2011. Retrieved August 31, 2026.
{{cite web}}: CS1 maint: url-status (link) - ↑ "Strikes and Lockouts 101". Shared Histories Canada. Retrieved August 31, 2026.
- ↑ Anchan, Mrinali (November 8, 2025). "An Alberta general strike raises many questions. Key among them are if — and when". CBC. Retrieved August 31, 2026.
{{cite web}}: CS1 maint: url-status (link) - ↑ Hastie, Bethany; Nicol, Keegan (September 4, 2025). "The federal government's repeated use of back-to-work powers undermines Canadian workers' right to strike". The Conversation. doi:10.64628/AAM.h5xsk97rn. Retrieved August 31, 2026.
- 1 2 3 H., C. (April 1, 1960). "Labor Law--Injunctions of Strikes Affecting National Health and Safety". West Virginia Law Review. 62 (3). ISSN 0043-3268.
- ↑ Caskey, C. (May 1, 1977). "Sympathy Strikes and Federal Court Injunctions". Louisiana Law Review. 37 (4).
- ↑ "National Affairs: TAFT-HARTLEY: How It Works & Has Worked". TIME. October 18, 1959. Retrieved August 31, 2026.
{{cite web}}: CS1 maint: url-status (link) - 1 2 "Consolidated federal laws of Canada, Canada Labour Code". laws-lois.justice.gc.ca. December 12, 2025. Retrieved August 31, 2026.
{{cite web}}: CS1 maint: url-status (link) - 1 2 Zimonjic, Peter (August 20, 2025). "Heavy-handed use of labour code has painted federal government into a corner, unions say". CBC. Retrieved August 31, 2026.
{{cite web}}: CS1 maint: url-status (link) - ↑ "What is binding arbitration and is it an option instead of a strike?". York University Faculty Association. Retrieved August 31, 2026.
- ↑ Ocampo, Dan (October 29, 2024). "FAQ on Mandatory Arbitration in Employment". National Employment Law Project. Retrieved August 31, 2026.
- ↑ Congress (October 19, 1996). "Labor-Management Relations Act, 1947". govinfo.gov. U.S. Government Publishing Office. Retrieved August 31, 2026.
- ↑ McFadden, Robert D. (March 6, 1978). "Taft‐Hartley Act". The New York Times. ISSN 0362-4331. Retrieved August 31, 2026.
- ↑ "Taft-Hartley Act facts and history". The Daily Record. October 8, 2002. Retrieved August 31, 2026.
{{cite web}}: CS1 maint: url-status (link) - ↑ "45 USC Ch. 8: RAILWAY LABOR". uscode.house.gov. Retrieved August 31, 2026.
{{cite web}}: CS1 maint: url-status (link) - ↑ "The Railway Labor Act: A Practical Guide For Employers In Air And Rail Transportation". Fisher Phillips. Retrieved August 31, 2026.
- ↑ "Italian law 146/1990". Gazzetta Ufficiale (in Italian). June 12, 1990. Retrieved September 1, 2026.
- ↑ "Italian law 83/2000". Gazzetta Ufficiale (in Italian). April 11, 2000.
- ↑ "Steelworkers v. United States, 361 U.S. 39 (1959)". Justia Law. Retrieved September 1, 2026.
- ↑ Smemo, Kristoffer; Sonti, Samir; Winant, Gabriel (April 20, 2017). "Conflict and Consensus: The Steel Strike of 1959 and the Anatomy of the New Deal Order". Critical Historical Studies. 4 (1). The University of Chicago Press: 39–73. doi:10.1086/690968.
- ↑ "United Steelworkers of America begins strike, July 15, 1959". POLITICO. July 15, 2015. Retrieved September 1, 2026.
- ↑ "On This Day: Reagan and the Air Traffic Controllers". The Reagan Library Education Blog. August 3, 2016. Retrieved August 31, 2026.
{{cite web}}: CS1 maint: url-status (link) - ↑ "The 1981 PATCO Strike | UTA Libraries". libraries.uta.edu. Retrieved August 31, 2026.
{{cite web}}: CS1 maint: url-status (link) - ↑ Glass, Andrew (August 5, 2017). "Reagan fires 11,000 striking air traffic controllers, Aug. 5, 1981". POLITICO. Retrieved August 31, 2026.
{{cite web}}: CS1 maint: url-status (link) - ↑ World, Special to People's (August 5, 2015). "Today in labor history: Reagan fires air traffic controllers". People's World. Retrieved August 31, 2026.
- ↑ "Canada Post workers strike to end after labor board ruling". Reuters. December 16, 2024. Retrieved August 31, 2026.
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