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hat Is the Blue Flu?
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Category: ▼LawWhat Is the Blue Flu?
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The blue flu is a work stoppage by a group of employees who are
prohibited by law from calling a standard labor-union-type strike. Instead
of striking, employees conspire to call in sick on the same day or days
to voice a protest or win some type of concession. Since this tactic was
initially used by uniformed police officers, it was given the label blue flu
in reference to the most prevalent color of police uniforms. Other groups
of employees who were faced with the same bans on striking as the
police eventually adopted the same tactics. As a result, sickouts by
employee groups other than police officers are often identified as the
blue flu.
Workers have used strikes — the most common type of work stoppage
— to win concessions from employers for centuries. Early strikes were
declared illegal in many countries, and were quickly and forcefully
disbanded. During the industrial revolution of the 18th and 19th
centuries, however, strikes became increasingly recognized as legal as
organized labor began flexing its muscle. Picket lines became familiar
sights as the strike grew into a major weapon in collective-bargaining
negotiations. Union leaders increasingly threatened or called strikes to
demand — and win — better working conditions, higher wages, and
improved collective-bargaining agreements.
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Strikes continue to be illegal for many groups of workers in the United
States. All employees of the federal government are prohibited from
striking by federal law — 5 USC 7311 - Sec. 7311 — and are required
to acknowledge that fact in writing before they are hired. President
Ronald Reagan fired all federal air traffic controllers in 1981 for failing to
report for work after engaging in an illegal strike. In 1967, the state of
New York enacted the Public Employees Fair Employment Act, also
known as the Taylor Act, which prohibits public employees from striking.
Some states, including Iowa and Florida, also ban public school
teachers from striking.
Workers who lack the leverage to strike in order to negotiate improved
working conditions, wages, and contracts — and who resort to falsely
calling in sick as a group, or calling a sickout — are said to have the
blue flu. The courts have ruled both for and against whether blue flu
cases constitute actual strikes. In some instances, the blue flu has
called attention to situations that have been resolved to both parties'
satisfaction through arbitration and mediation.
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