There’s been a bit of chat this week about a driver’s strike in Formula 1 - something that hasn’t happened since 1982 when the drivers got together, locked themselves in a bus and decided they weren’t going to race because of proposed clauses in the driver licensing system.  The license system is once more the source of the controversy but this time it’s strictly about money.

The driver’s are facing a 600% increase in the license fee, unilaterally imposed by the FIA.  The driver’s say they have on two occasions attempted to initiate a dialog that might result in a compromise. The FIA has refused to talk but the governing body insists they have not received a firm date from the drivers.  With the process going nowhere, idle chatter has turned to a potential driver’s strike at the British Grand Prix

However, does the Grand Prix Driver’s Association actually have the right to strike?  The short answer is no, but the legal reality is more complicated.

Generally, the right to strike is only available to trade unions.  Professional associations are not labour unions, they are more like special interest groups.  In the case of the GPDA, their primary interest is in safety and in lobbying the FIA to insure cars and tracks meet safety standards and that adequate medical response exists at all venues.  Unlike a union, the GPDA does not negotiate driver contracts, terms of employment or represent the driver in a grievance process with an employer.

Based on this explanation, the GPDA has no legal right to strike because it is not, by definition or actions, a trade union.

If the drivers refuse to race in protest of the licensing fees (as opposed to a safety issue) then they could be terminated by their employers for breach of contract.  Fortunately for the drivers, Formula 1 is a performance based business and the fastest pilots are always in demand. The overpaid or over hyped might find themselves on extended holidays.

The more complicated reality is that the FIA has the ability to act unilaterally with respect to licenses and rules. This situation is not really proving all that helpful to the sport.  The current unrest (this time by the drivers) is yet another sign that the system needs to be changed so that all parties have a say in the governance of the sport.

Sadly, autocratic institutions and their leaders rarely compromise without threats and unrest.  The history of unions is full of such people.

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