What is the penalty for striking?
A public employee whose employer determines that he or she has unlawfully engaged in or consented to a strike is liable to have deducted from his or her compensation an amount equal to twice his or her daily rate of pay for each day or part of a day that it is determined that the employee violated Civil Service Law Section 210. This penalty is often referred to as the “two-for-one” penalty. In addition, an employee who unlawfully strikes may be subject to removal or other disciplinary action provided by law for misconduct. The public employer makes the strike determination and imposes these strike penalties. A public employee union that violates Civil Service Law Section 210 is liable to forfeit its right to have the public employer deduct membership dues and agency shop fees from the compensation of employees in the bargaining unit that union represents. PERB makes the strike determination and imposes any strike penalty in regard to unions.
