Picketing

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Employees of the BBC form a picket line during a strike in May 2005. 20050523 012 bristol bbc picket.jpg
Employees of the BBC form a picket line during a strike in May 2005.

Picketing is a form of protest in which people (called pickets or picketers) [1] congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in ("crossing the picket line"), but it can also be done to draw public attention to a cause. Picketers normally endeavor to be non-violent. It can have a number of aims but is generally to put pressure on the party targeted to meet particular demands or cease operations. This pressure is achieved by harming the business through loss of customers and negative publicity, or by discouraging or preventing workers or customers from entering the site and thereby preventing the business from operating normally.

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Picketing is a common tactic used by trade unions during strikes, who will try to prevent dissident members of the union, members of other unions and non-unionised workers from working. Those who cross the picket line and work despite the strike are known pejoratively as scabs.

Types of picket

A rally of the trade union UNISON in Oxford during a strike on March 28, 2006, with members carrying picket signs. Unison strike rally Oxford 20060328.jpg
A rally of the trade union UNISON in Oxford during a strike on March 28, 2006, with members carrying picket signs.

Informational picketing is the legal name given to awareness-raising picketing. Per Merriam-Webster's Dictionary of Law, it entails picketing by a group, typically a labour or trade union, which inform the public about a cause of its concern. [2] In almost all cases this is a disliked policy or practice of the business or organisation. It is a popular picketing technique for nurses to use outside of healthcare facilities. For example, on April 5, 2006, nurses of the UMass Memorial Medical Center (UMMHC) took part in two separate such events to protect the quality of their nursing program. [3] Informational picketing was used to gain public support and promote further bargaining with management. [3] It may also be a spur or auxiliary to a petition to government to seek regulatory intervention, reliefs, dispensations or funds.

A mass picket is an attempt to bring as many people as possible to a picket line to demonstrate support for the cause. It is primarily used when only one workplace is being picketed or for a symbolically or practically important workplace. Due to the numbers involved, and depending on behaviors, it may turn into an unlawful blockade such as a right of way obstruction, or aggravated trespass (denial of access).

Secondary picketing is of any external entity economically connected to the main business subject to the workers' action. Thus it includes against suppliers on which the picketed business relies, retailers who sell its products, physical premises with shared management or majority shareholders (sister/allied premises) and homes of any of the latter persons. For example, at the Battle of Saltley Gate in 1972 in England, striking miners picketed a coke works in Birmingham and were later joined by thousands of workers from industries locally. In most jurisdictions, secondary pickets lack all or many of the civil law protections given to primary pickets.

Secondary picketing has been illegal (in the sense that, unlike lawful picketing, it may give rise to a cause of action in tort) in the United Kingdom since the coming into force of section 17 of the Employment Act 1980, [4] [5] a law tabled and passed by the Conservative government of Margaret Thatcher. Labour sought repeal of this via the party's 1987 manifesto; the party called for a debate on such issues in the next (1992) manifesto; and dropped this position under Tony Blair and later leaders' manifestos from 1997 onwards. [6]

Another tactic is to organise highly mobile pickets, who can turn up at any of a business's locations quickly. These flying pickets are particularly effective against multi-facility businesses that could otherwise pursue legal prior restraint and shift operations among facilities if the locations were known with certainty ahead of time. The first highly strategic use of such may have been the example of the 1969 miners' strike in Britain. [7] Flying pickets are usually not legal in the United Kingdom; workers must only picket at their workplace. [8]

Picketing can interweave with boycotting campaigns by pressure groups across the political and moral spectrum. In particular, religious groups such as the Westboro Baptist Church seek to picket local store fronts and events they consider sinful. Non-employee protesters are third parties to the business so counter-actions may lie in the courts (or out-of-court remedies) for disruption of trade, unlawful protest, defamation, and certain types of illegal advertising, trespass and nuisance, against which freedom of expression, of religion and/or a public interest defense vie. Different jurisdictions weigh these two competing sets of rights differently. The global result is that the rules and outcomes are fact-sensitive (rest closely on the actions, form, subject-matter, duration and behaviors) and law-sensitive (divergently regulated or governed by case law).

Disruptive picketing

Disruptive picketing covers a wide variety of pickets:

Obstructive picketing may be contrasted with non-obstructive picketing, in which the impact on the business or organization is likely to be limited to the presence nearby of a group of people close in number to the number of strikers, who have an informational picketing line, assembly or rally. It is possible, but rarely allowed in labor law globally, to have an informational picket in a public place of a business which has no simultaneous strike – i.e., a protest of workers outside of their shifts. In some sectors, the immediate financial impact of a non-obstructive picket could be negligible, and the longer-term impacts could include a human resources policy or public-facing policy enhancement and a consumer relations uplift.[ clarification needed ]

Legality

Union members picketing National Labor Relations Board rulings outside the agency's Washington, D.C., headquarters in November 2007. NLRB picketing 2007.jpg
Union members picketing National Labor Relations Board rulings outside the agency's Washington, D.C., headquarters in November 2007.

Picketing, as long as it does not cause obstruction to a highway or intimidation, is legal in many countries and in line with freedom of assembly laws, but many countries have restrictions on the use of picketing.

Legally defined, recognitional picketing is a method of picketing that applies economic pressure to an employer with the specific goal to force the employer to recognise the issues facing employees and address them by bargaining with a union. [12] In the US, this type of picketing, under Section 8(b)(7)(A) of the National Labor Relations Act, is typically illegal if representation is not relevant or is unquestionable. [13]

In the UK mass picketing was made illegal under the Trade Disputes and Trade Unions Act 1927, moved by the leaders of what would soon be National Labour, after the 1926 General Strike. Otherwise picketing was banned by the Liberal-tabled Criminal Law Amendment Act 1871 but is decriminalised by the Conservative-tabled Conspiracy and Protection of Property Act 1875. [14] The Trade Union and Labour Relations (Consolidation) Act 1992 gives protection, under civil law, for pickets who are acting in connection with an industrial dispute at or near their workplace who are using their picketing peacefully to obtain or communicate information or persuading any person to work or abstain from working. However, many employers seek specific injunctions to limit the effect of picketing by their door if they can evidence a high likelihood of intimidation or, in general, on non-peaceful behaviour and/or any that significant numbers of the picketers are or will in all likelihood be non-workers. [15]

In the US, any strike activity was hard to organise in the early 1900s, but picketing became more common after the Norris–La Guardia Act of 1932, which limited the ability of employers to gain injunctions to stop strikes, and further legislation to support the right to organise for unions. Mass picketing and secondary picketing was outlawed by the 1947 Taft–Hartley Act. [16] Some kinds of pickets are constitutionally protected. [17]

Viewing laws against stalking as potentially inconsistent with labor rights of picketing, the first anti-stalking law of the industrial world, made by California's lawmakers, inserted provisions that disapply many of its protections from "normal labor picketing", which has survived subsequent amendments. [18]

See also

Related Research Articles

A trade union or labor union, often simply referred to as a union, is an organization of workers whose purpose is to maintain or improve the conditions of their employment, such as attaining better wages and benefits, improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees and protecting and increasing the bargaining power of workers.

Labour laws, labour code or employment laws are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, employer, and union.

<span class="mw-page-title-main">National Labor Relations Act of 1935</span> 1935 U.S. federal labor law regulating the rights of workers and unions

The National Labor Relations Act of 1935, also known as the Wagner Act, is a foundational statute of United States labor law that guarantees the right of private sector employees to organize into trade unions, engage in collective bargaining, and take collective action such as strikes. Central to the act was a ban on company unions. The act was written by Senator Robert F. Wagner, passed by the 74th United States Congress, and signed into law by President Franklin D. Roosevelt.

<span class="mw-page-title-main">Taft–Hartley Act</span> 1947 U.S. federal law regulating labor unions

The Labor Management Relations Act of 1947, better known as the Taft–Hartley Act, is a United States federal law that restricts the activities and power of labor unions. It was enacted by the 80th United States Congress over the veto of President Harry S. Truman, becoming law on June 23, 1947.

<span class="mw-page-title-main">Strike action</span> Work stoppage caused by the mass refusal of employees to work

Strike action, also called labor strike, labour strike and industrial action in British English, or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became common during the Industrial Revolution, when mass labor became important in factories and mines. As striking became a more common practice, governments were often pushed to act. When government intervention occurred, it was rarely neutral or amicable. Early strikes were often deemed unlawful conspiracies or anti-competitive cartel action and many were subject to massive legal repression by state police, federal military power, and federal courts. Many Western nations legalized striking under certain conditions in the late 19th and early 20th centuries.

Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security.

<span class="mw-page-title-main">United Kingdom labour law</span> Rights of workers, unions, and duties of employers in the UK

United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK have a minimum set of employment rights, from Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £10.42 for over-23-year-olds from April 2023 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities or NHS foundation trusts, staff can vote for the directors of the organisation. In enterprises with over 50 staff, workers must be negotiated with, with a view to agreement on any contract or workplace organisation changes, major economic developments or difficulties. The UK Corporate Governance Code recommends worker involvement in voting for a listed company's board of directors but does not yet follow international standards in protecting the right to vote in law. Collective bargaining, between democratically organised trade unions and the enterprise's management, has been seen as a "single channel" for individual workers to counteract the employer's abuse of power when it dismisses staff or fix the terms of work. Collective agreements are ultimately backed up by a trade union's right to strike: a fundamental requirement of democratic society in international law. Under the Trade Union and Labour Relations (Consolidation) Act 1992 strike action is protected when it is "in contemplation or furtherance of a trade dispute".

Solidarity action is industrial action by a trade union in support of a strike initiated by workers in a separate corporation, but often the same enterprise, group of companies, or connected firm.

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<span class="mw-page-title-main">Union busting</span> Efforts to prevent or hinder unionization among workers

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<span class="mw-page-title-main">Trade Union and Labour Relations (Consolidation) Act 1992</span> United Kingdom legislation

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<span class="mw-page-title-main">Labor relations</span> Study of work and workers

Labor relations or labor studies is a field of study that can have different meanings depending on the context in which it is used. In an international context, it is a subfield of labor history that studies the human relations with regard to work in its broadest sense and how this connects to questions of social inequality. It explicitly encompasses unregulated, historical, and non-Western forms of labor. Here, labor relations define "for or with whom one works and under what rules. These rules determine the type of work, type and amount of remuneration, working hours, degrees of physical and psychological strain, as well as the degree of freedom and autonomy associated with the work." More specifically in a North American and strictly modern context, labor relations is the study and practice of managing unionized employment situations. In academia, labor relations is frequently a sub-area within industrial relations, though scholars from many disciplines including economics, sociology, history, law, and political science also study labor unions and labor movements. In practice, labor relations is frequently a subarea within human resource management. Courses in labor relations typically cover labor history, labor law, union organizing, bargaining, contract administration, and important contemporary topics.

<span class="mw-page-title-main">Employment Relations Act 2000</span> Statute of the Parliament of New Zealand

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Collective action in the United Kingdom including the right to strike in UK labour law is the main support for collective bargaining. Although the right to strike has attained the status, since 1906, of a fundamental human right, protected in domestic case law, statute, the European Convention on Human Rights and international law, the rules in statute have generated significant litigation. The "right of workers to engage in a strike or other industrial action" is expressly recognised in the Trade Union and Labour Relations (Consolidation) Act 1992 section 180, and has been recognised repeatedly by the Court of Appeal as "a fundamental human right"., and the House of Lords.

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<span class="mw-page-title-main">Fair Work Act 2009</span> Australian industrial relations law

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The law for workplace bullying is given below for each country in detail. Further European countries with concrete antibullying legislation are Belgium, France, and The Netherlands.

References

  1. "Picketer | Define Picketer at Dictionary.com". Dictionary.reference.com. Retrieved 2010-09-01.
  2. "informational picketing - Reference.com".
  3. 1 2 Twarog, J. "Informational pickets, rallies, vigils and leafleting at health care facilities". Massachusetts Nurse, April 2006, Vol. 77, Issue 3, p. 9
  4. "Employment Act 1980: Section 17", legislation.gov.uk , The National Archives, 1980 c. 42 (s. 17)
  5. Due to successive reforms, secondary picketing is now banned under a law passed after the 1992 general election: "Trade Union and Labour Relations (Consolidation) Act 1992: Section 224", legislation.gov.uk , The National Archives, 1992 c. 52 (s. 224)
  6. "Posters From The Conservative Party Archive".
  7. Beckett, Andy (2009). When the Lights Went Out: Britain in the Seventies. London: Faber & Faber. p. 70. ISBN   9780571252268.
  8. "Taking part in industrial action and strikes". GOV.UK . Retrieved 27 August 2022.
  9. Wyatt, James F. (1981). "Leedom v. Kyne and the Implementation of a National Labor Policy". Duke Law Journal. 1981 (5): 853–877. doi:10.2307/1372177. JSTOR   1372177.
  10. In the law of England and Wales, general pelting of people is assault and battery in criminal law, and if causing more than an extremely light injury; see the Offences Against the Person Act 1861: Actual Bodily Harm (ABH) and Grievous Bodily Harm (GBH).
  11. Strike: 358 Days that Shook the Nation. London. 1985. p. 264. ISBN   0-340-38445-X.{{cite book}}: |work= ignored (help)CS1 maint: location missing publisher (link)
  12. 52 Geo. L. J. 248 (1963–1964) "Federal Regulation of Recognition Picketing"; Shawe, Earle K.
  13. ""Stale" Contract No Bar to Recognitional Picketing". Labor Law Journal. 17 (6): 384 1/2p. June 1066.
  14. "Timeline:1850–1880". TUC history online, Professor Mary Davis, Centre for Trade Union Studies, London Metropolitan University.
  15. "Picketing, The Liberty guide to human rights". Liberty. 11 January 2005. Archived from the original on 25 July 2006. Retrieved 9 July 2006.
  16. "PICKETING". The Columbia Electronic Encyclopedia. Columbia University Press. Archived from the original on 2007-03-11.
  17. Thornhill v. Alabama and other cases cited at Free speech zone#Notable incidents and court proceedings
  18. Penal Code s. 646.1

Further reading