Question

As-salamu alaikum,

I work for the state government here in Illinois.  I am part of a trade union that negotiates contracts for us with State officials every four years.  Our contract ended in June.  Both sides have met many times to reach a successor agreement.  In previous contract negotiations (4+ years ago), both sides would sign an extension agreement while they were negotiating.  This did not happen this time.

We continue to work since under labor law, the State must continue to offer and provide the same wages, benefits, terms and conditions of employment under the previous agreement as we negotiate a successor agreement.  However, under labor law certain items discontinue absent an extension agreement.  The most important item that is discontinued is the “No Strike, No Lockout” prohibition in the previous agreement.

The union is considering a strike.  If the union decides to conduct a strike vote, would it be permissible for me to vote yes if I determine that a strike will be beneficial in getting a fair contract? 

If it is impermissible, and I vote no, but the union collectively votes yes and we strike, can I strike too?  I am not sure if “crossing the picket line” or individually returning to work while the union strikes is an option.  Also, it could be that the union would remove my membership or impose a fine.

Answer

Waʿalaykum al-Salām wa Raḥmat Allāh wa Barakātuh.

In the name of Allah, The Most Gracious, The Most Merciful

There is no sin in striking for a justified reason. The Shariah allows one to either agree or disagree to any proposed terms at the time of signing a contract.

And Allah knows best.