This provision does not affect the right of employees to strike in protest of some Unfair Labor Practice of their employer.
It does help to prevent premature strikes, however.
Employees forfeit their right to maintain the employment relationship if their strike is illegal.
For example, public employees are generally forbidden to strike. In 1981, President responded to an illegal strike by federal air traffic controllers by dismissing more than ten thousand employees.
A strike must be conducted in an orderly manner and cannot be used as a shield for violence or crime.Employers fired strikers and obtained injunctions from courts that ordered unions to end the strike or risk Contempt of court. §§ 101 et seq.), which severely limited the power of federal courts to issue injunctions in labor disputes. §§ 151 et seq.) clearly established the right of employees to form, join, or aid labor unions.The unequal bargaining power of unions was remedied in the 1930s with the passage of two important federal . The act imposed strict procedural limitations and safeguards to prevent abuses by the courts. The act authorized collective bargaining by unions and gave employees the right to participate in "concerted actions" to bargain collectively.The hiring of permanent replacement workers has become an important management weapon against economic strikes, giving the employer the ability to hire a nonunion workforce and to threaten the local union with destruction. An employee has no right to be paid while on strike, nor does the employee have a right to claim Unemployment Compensation benefits, unless state law provides the benefit.Employees who refuse to cross a picket line on principle are treated in the same way as strikers, but those who are kept from their jobs through fear of violence are entitled to collect unemployment compensation.