Section 111.89. Strike prohibited.

 

(1)  Upon establishing that a strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.84 (2) (e) or both. It is the responsibility of the division to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief.

(2)  The occurrence of a strike and the participation therein by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including: 

(a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating therein;

(b) The right to cancel the reinstatement eligibility of any employee engaging therein; and

(c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging therein, or to sue for damages because of such strike activity.

1971 c. 270 ; 1977 c. 196 s. 130 (9) ; 1977 c. 273 ; 1985 a. 42 ; 1989 a. 336 ; 1995 a. 27 ; 2003 a. 33 ; 2015 a. 55 .