Originally Posted by
Casualinterest
It depends. If me and a few hundred other people do it at the same time then it's a work action. The hypothetical question you posited doesn't matter. Because I didn't say what I would do. I just said that if true, it would likely be classified a work action. You could say it's a boycott.
The judge in the spirit case even went so far as to say that a refusal to accept overtime, inconsistent with historical rates of acceptance, is a work action.
And not for nothing, but if I was planning on challenging anything in court, a concerted effort to damage the company with fake sick calls would be the worst idea. Aside from giving the company "bad faith" ammunition to use in court, they could just fire you for engaging in illegal work action and not have to worry one bit about the vaccination argument
But it seems to have resulted in pilots no longer "needing" to use sick leave before termination...sometimes people just do things because you gave them no choice, you can call it a "work action", I choose to call it "self defense".
https://www.cnbc.com/2021/10/19/sout...xemptions.html