9 things an organization should do – and 6 things you absolutely can’t do – to help ensure a strike or picket remains peaceful. Excerpted from the new book The Security Manager’s Self-help guide to Calamities.
Other than a strike and picket action by a small group of employees against a company to get some wage increase or to gain or retain some benefit, we should take into consideration that other demonstrations may take place that could affect a business enterprise.
Groups or crowds which could assemble to demonstrate or picket a company as a result of some business practice they feel offends them or others should be handled in the same way as a strike incident. An illustration of this such activity could include issues such as offensive hiring practices, sexual or age discrimination or harassment practices, animal rights (retailers that sell furs or animal products), or conduct considered abhorrent to certain religious groups (e.g., abortion clinics). If management cannot resolve the problem, the authorities should be requested. When the occurrence creates a business disruption or if their presence is illegal, picketers can be taken off. Caution and discretion in tactics must be considered when the company hopes to avoid bad press and publicity.
Under various federal laws and sanctions, each time a labor violation does in fact occur, a company may seek monetary damages, criminal sanctions, injunctive relief (judgment of unfair labor practices), and disciplinary actions against individuals or even the union as being a group.
However, concerning a demonstration besides a labor issue, a citizen has the legal right to peaceful assembly beneath the First Amendment from the U.S. Constitution. This amendment protects the legal right to picket, whether or not the reason is actually a labor dispute, civil rights, or other demonstrations. Generally, picketing remains safe and secure after it is for any lawful purpose, conducted inside an orderly manner, and publicizes a grievance of some kind.
Listed here are the generally accepted rules that control and regulate walkouts and strike actions through the country.
The legal right to Picket
Pickets (strikers) have the authority to picket, demonstrate, and hold meetings provided that such activity will not violate local, state, or federal law.
Pickets will not need to be employees of the labor unrest security. They could be other union members acting in sympathy with the striking union, or family and friends of the strikers. However, these are subjected to exactly the same restrictions and laws governing the striking union members.
Pickets have the authority to picket so long as it does not result in a disruption of any of the functions or objectives in the business; they may not affect business operations.
Picketing is legal so long as it can not limit or deny access of employees, customers, visitors, vehicles, deliveries, etc., to the business and any of the components. Blocking anyone or any vehicle from entering or leaving the organization property, physically or by threatening behavior, is illegal. Strikers causing injury to any vehicle crossing the picket cctrqn while wanting to go into the property in the facility commit the crime of criminal mischief, reckless or criminal harm to property, or criminal tampering with intent to result in damage or substantial inconvenience.
Additionally, strikers causing damage to other employees or persons wanting to enter in the striking premises may commit the crime of assault. If the implement is utilized and results in damage or injury, the criminal charge will likely be elevated to some higher degree. Check the local or state laws that affect your employer for the correct statute warranted. Regarding any violation through the pickets or perhaps the organizers from the picketing action that affects the business operation, causes adverse publicity, or comes with an effect on the goodwill in the corporation, management may seek an injunction in court requiring picketers to cease and desist. Videotapes and private observations reduced to sworn statements may be needed to bolster the initiation of any criminal or civil litigation.