9 things an organization must do – and Six things you absolutely can not do – to help ensure a strike or picket remains peaceful. Excerpted from the new book The Security Manager’s Guide to Calamities.
Other than a strike and picket action by a group of employees against a company to gain some wage increase or even to gain or retain some benefit, we must take into account that other demonstrations may take place that could affect a business enterprise.
Groups or crowds that may assemble to show or to picket an organization due to some business practice which they feel offends them or others ought to be handled in the same manner as being 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 (retail stores 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 police needs to be requested. In the event the occurrence creates a business disruption or if perhaps their presence is illegal, picketers are easy to remove. Caution and discretion in tactics must be considered in the event the company hopes to avoid bad press and publicity.
Under various federal laws and sanctions, each time a labor violation does in reality occur, an organization may seek monetary damages, criminal sanctions, injunctive relief (judgment of unfair labor practices), and disciplinary actions against individuals or the union being a group.
However, concerning a demonstration besides a labor issue, a citizen has the right to peaceful assembly beneath the First Amendment of the U.S. Constitution. This amendment protects the legal right to picket, no matter whether the reason is really a labor dispute, civil rights, or some other demonstrations. Generally, picketing is protected after it is to get a lawful purpose, conducted in an orderly manner, and publicizes a grievance of some type.
Listed below are the generally accepted rules that control and regulate walkouts and strike actions throughout the country.
The Right to Picket
Pickets (strikers) have the right to picket, demonstrate, and hold meetings provided that such activity does not violate local, state, or federal law.
Pickets do not need to be employees from the strike security services. They may be other union members acting in sympathy with all the striking union, or friends and family members from the strikers. However, these are subjected to exactly the same restrictions and laws governing the striking union members.
Pickets have the legal right to picket so long as it does not cause a disruption of some of the functions or objectives of the business; they may not hinder business operations.
Picketing is legal as long as it will not limit or deny access of employees, customers, visitors, vehicles, deliveries, etc., towards the business as well as any of their components. Blocking anyone or any vehicle from entering or leaving the business property, physically or by threatening behavior, is illegal. Strikers causing harm to any vehicle crossing the picket cctrqn while attempting to enter the property in the facility commit the crime of criminal mischief, reckless or criminal harm to property, or criminal tampering with intent to cause damage or substantial inconvenience.
Additionally, strikers causing damage to other employees or persons planning to enter the striking premises may commit the crime of assault. If an implement can be used and causes damage or injury, the criminal charge is going to be elevated to some higher degree. Check the local or state laws that pertain to your employer for your correct statute warranted. Regarding any violation through the pickets or the organizers from the picketing action that affects the business operation, causes adverse publicity, or comes with an effect on the goodwill from the corporation, management may seek an injunction in the court requiring picketers to cease and desist. Videotapes and private observations reduced to sworn statements may be required to bolster the initiation of the criminal or civil litigation.