If the union you belong to goes out on strike, you do have the right to work during the strike. However, you should proceed very cautiously.
As a union member, while you have the right to work, most unions have rules that prohibit their members from crossing a picket line and working through a strike, or engaging in any activity that is in conflict with the members' responsibility toward the union. If you, as a union member engage in this type of activity, the union has the legal right to place you on trial.
If you are found guilty at a union trial, the union could fine you money and take you to court if you refuse to pay the fine.
A union member who wants to work during a strike should resign from union membership BEFORE going to work. If the resignation is mailed, the employee should not work until the day after the resignation is postmarked. Otherwise, the employee could be fined by the union. If you are already a nonmember, you can work at will during a strike and not be lawfully fined.
If you need more information about your rights during a strike, you can contact the National Right to Work Legal Defense Foundation (here), the National Labor Relations Board (here), or contact us here.
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