IV.

The right to organize and to strike

1. Trade unions

- A trade union is a voluntary organization of workers for the protection of their economic
and social interests in the labor market.

- The basic function of the unions is the settlement of just and fair working conditions in
collective bargaining with the employers and their associations.

- The right to the formation of trade unions derives from the fundamental right of man to free
association. Capitalist sectors tried to dispute this right of worker.

- From the beginning the popes upheld in their social encyclicals that “it is by virtue of the
law of nature that men may enter into private societies.”

- So, the state is not allowed to forbid them, as long as they are not clearly at variance with
good morals and the welfare of society. On the contrary, the state has been instituted for the
defense of the law (of nature), not for its destruction.

- Vat.II reconfirms that “Among the basic rights of the human person must be counted the
right of freely founding labour unions.” “Another such right is that of taking part freely in the
activity of these unions without risk of reprisal” (GS 68).

- In the trade unions the workers themselves became a ‘social power’, and thus broke the
economic and social monopolistic predominance of capital power.

- However, They are not immune to the temptation of abusing their strength in a capitalist,
exploitative way.

- Theoretically, everywhere it is recognized that wage demands should not overstep the limits
of the increase of economic productivity; in practice, however, these limits have been
exceeded in many countries, as is shown by the progressive inflation to which the trade union
wage policy undoubtedly contributes.

- The activity of trade unions is limited by the right of their members to religious, moral and
political freedom.

- The Church encouraged Catholic workers to form Catholic or Christian confessional unions
that were free from Marxist influence.

-Trade Unions must honor the religious and political convictions of their members in a fully
democratic way.

- Trade Unions have duties to society as a whole. First, ‘When making wage claims, to
consider the general economic interest and the state of their branch of industry…Justice
demands that they consider themselves bound by a standard of output corresponding to their
wage claims.
- Another duty is that of internal democracy. Trade Union policy may not become the affair
of an oligarchy within the union.

- Unions members must be prepared for this task through an ongoing formation in economic,
social and political matters (cf. GS 68).

- Their welfare is dependent on the fate and prosperity of the economy as a whole.

2. Strikes

- Strike= a refusal to work on the part of the organized workers.

- Lockout= the refusal of employers to admit the workers to work.

- St. Leo XIII ‘A strike is an evil that should be avoided as fer as possible. These stoppages
hurt employers and employed alike, do harm to trade and damage the general public interest,
bringing violence and disorder close and endangering peace. Everybody should be seeking a
remedy.”

- Vat.II “When socio-economic disputes arise, efforts must be made to come to a peaceful
settlement. Recourse must always be had above all to sincere discussion between the parties.
Even in present-day circumstances, however, the strike can still be a necessary, though
ultimate, means for the defence of the workers’ own fights and the fulfillment of their just
demands’ (GS 68).

- The right to strike is based on two natural rights;

- First, on the freedom of man to work or not to work according as he has agreed or not
agreed about relevant conditions.

- Secondly, in freedom of combination for the purpose of all aims which do not conflict with
the common good.

- According to natural law, the strike is permissible under the following conditions;

(1) The objectives of the strike must be lawful, i.e. there must be a just cause, for example the
obtainment of a just wage or important improvements in working conditions.

(2) The means used must be proportionate to the objective pursued. Or, in negative
formulation, the strike weapon must not be used in excess. The strike must not cause greater
damages to the common weal than the benefits that will accrue from it, all things considered.
Therefore, doctors, nurses, firemen and police should not strike.

(3) All other peaceful means for an equitable settlement of the differences must have been
earnestly tried and exhausted.
(4) The means employed must be morally acceptable. It certainly would be unfair for
workers to leave a steel mill without first taking steps necessary for a proper cooling of the
furnaces.

- No labourer or employee may participate in an unjust strike. But if he were threatened by

serious harm for continuing to work, he would be allowed to stop working.

- State authority has the right to enact laws which protect the economy and society against
unjust strikes. It is even obliged to do so, if this is necessary to avert grave harm to the
common good.

- In many nations on the way to development the strike will still continue to be a necessary
means for obtaining justice for the workers.

- But A.Utz may be right when he judges that in the modern industrial society the right to
strike has, as a rule, become obsolete, and this in view of (a) the high living standard of
employees, (b) the social protection of employees by various social arrangements, (c) the
fateful consequences for the entire economy and competitiveness on the international level,
(d) the detriment caused to third parties, those not active in the economy and possibly
especially to the unemployed.