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LABOR DISPUTES
The term "labor dispute" may properly be applied to any controversy which is reasonably
related to employment or collective bargaining. Consequently, the discussion in this section of
the bulletin applies to all situations involving groups of individuals who wish to air legitimate
grievances concerning employment practices.
Right to Organize
The right of employees to organize and bargain collectively has a statutory basis and has been
affirmed by many legislative acts, including the Taft-Hartley Act. However, while most
employees have, in fact, organized into effective bargaining groups, the public interest has
required that restrictions be placed on the rights of certain specific groups, most notably public
employees who, in the absence of legislative authorization, generally do not have the right to
strike.
Picketing
The right to picket peacefully and truthfully is one of labor's means of advertising its grievances
to the public and, as such, is guaranteed by the Constitution as incident to freedom of speech.
This constitutional guarantee extends to all persons on the same basis and is by no means
limited to members of a labor union. Thus, picketing is not a tactic that is lawful only in the
context of a strike.
However, the constitutional guarantee extends only to "peaceful" picketing, defined as
picketing that does not interfere with the person or property of another by unlawful use,
violence, intimidation, or threat. For example, pickets in a labor dispute may bring themselves to
the notice of persons entering the picketed premises, but they may not forcibly stop
automobiles and intimidate the occupants by gathering in large numbers. Such action is
forcible intimidation.
Picketing is unlawful if it carries a threat of physical violence, (Violence and Threats
of Violence).
It may frequently appear that picketers are in violation of trespass laws. As noted above,
however, many of these laws do not apply during labor disputes. Labor union officials, for
example, often have statutory authority to enter upon company property in order to confer with
union members.
A more common occurrence involves picketing upon sidewalks or roadways owned by a
business or shopping center.
Management attempts to maintain a normal course of business. Each side attempts to outlast
the other.
The disputants use different tactics. The primary methods at the disposal of labor are:
Strikes -- withholding services from management;
Picketing -- attempting to discourage other workers from serving management and
attempting to persuade the public not to do business with management;
Boycotts -- refusing to use the products of management and encouraging others to
do the same.
The most compelling counter-tactic utilized by management is the withholding of wages for
services not rendered. Management may also advertise to combat boycotts and attempt to
maintain continuous operation of its plant or industry by the use of non-union personnel.
The parties to a labor-management dispute can be expected to resort to the courts in the belief
that the opposing side has violated one or more of the regulations governing such disputes.
For example, typical complaints by labor unions concern the use of "scab" (non-union) labor
and the use of force by management. Management typically complains that the legal limits on
strike activity, picketing, and boycotts are being violated by the union.
Policing problems occur frequently when management attempts to move personnel and
materials on and off its property, and labor attempts to block that movement.
Even though it can be difficult to determine the lawfulness of particular actions taken by either
side during a strike, objectives remain constant:
. to protect life and property,
. to preserve the peace, and
. to protect the opportunity for all persons to exercise their rights when they wish to do so.
Violence and Vandalism
Violent attacks against individuals, attacks upon vehicles or other property, such as throwing
rocks or paint, slashing tires or cutting ignition wires, cannot and will not be tolerated.
Often it may be difficult to identify the perpetrators of such acts, but offense reports shall be
completed in any event because they will serve to substantiate events which may characterize
a particular dispute.
Serious acts of violence, particularly those directed against individuals must be dealt with
directly and stopped. It may be advisable to delay your response to minor acts of violence, such
as scraping paint on passing vehicles, until an opportune tactical moment.
Outside Agitators
Individuals with no direct interest in the dispute may be present at the scene for purposes of
their own. Recently, various radical organizations have expressed interest in involving
themselves with the labor movement, an interest which has not been welcomed by labor
leaders in every case. Such persons can be expected to promote the cause of confrontation
above that of negotiation and compromise, the essence of labor relations.
For that reason, they may engage in violent or unlawful acts ordinarily avoided by labor-
management disputants.
The most important action you can take in response to individuals of this type is to identify
them and evaluate their relationship to the dispute. Naturally, appropriate police action should
be taken if their behavior warrants it.
Intoxication and Similar Violations Unrelated to the Dispute
Various offensive acts such as drinking or loud and boisterous language may occur during
disputes. This kind of behavior is ordinarily discouraged by leaders of both factions, who will
usually cooperate with your efforts to control public disturbances caused by their own
subordinates. If you are able to persuade these officials to supervise their own men and to
remove from the scene men who are offensive to the public, you will minimize the danger of
creating a serious reaction to the incident.
Unorganized Labor Activities
Special problems resulting from inadequate communications have arisen in past situations
involving labor groups that are poorly organized. Wildcat strikes and boycott activities
purported to support farm workers typify this problem. Communications with such groups can
be difficult to develop and maintain. Frequently, leadership is not formalized and leaders are not
easily identifiable.
The term "labor dispute" may properly be applied to any controversy which is reasonably
related to employment or collective bargaining. Consequently, the discussion in this section of
the bulletin applies to all situations involving groups of individuals who wish to air legitimate
grievances concerning employment practices.
Right to Organize
The right of employees to organize and bargain collectively has a statutory basis and has been
affirmed by many legislative acts, including the Taft-Hartley Act. However, while most
employees have, in fact, organized into effective bargaining groups, the public interest has
required that restrictions be placed on the rights of certain specific groups, most notably public
employees who, in the absence of legislative authorization, generally do not have the right to
strike.
Picketing
The right to picket peacefully and truthfully is one of labor's means of advertising its grievances
to the public and, as such, is guaranteed by the Constitution as incident to freedom of speech.
This constitutional guarantee extends to all persons on the same basis and is by no means
limited to members of a labor union. Thus, picketing is not a tactic that is lawful only in the
context of a strike.
However, the constitutional guarantee extends only to "peaceful" picketing, defined as
picketing that does not interfere with the person or property of another by unlawful use,
violence, intimidation, or threat. For example, pickets in a labor dispute may bring themselves to
the notice of persons entering the picketed premises, but they may not forcibly stop
automobiles and intimidate the occupants by gathering in large numbers. Such action is
forcible intimidation.
Picketing is unlawful if it carries a threat of physical violence, (Violence and Threats
of Violence).
It may frequently appear that picketers are in violation of trespass laws. As noted above,
however, many of these laws do not apply during labor disputes. Labor union officials, for
example, often have statutory authority to enter upon company property in order to confer with
union members.
A more common occurrence involves picketing upon sidewalks or roadways owned by a
business or shopping center.
Management attempts to maintain a normal course of business. Each side attempts to outlast
the other.
The disputants use different tactics. The primary methods at the disposal of labor are:
Strikes -- withholding services from management;
Picketing -- attempting to discourage other workers from serving management and
attempting to persuade the public not to do business with management;
Boycotts -- refusing to use the products of management and encouraging others to
do the same.
The most compelling counter-tactic utilized by management is the withholding of wages for
services not rendered. Management may also advertise to combat boycotts and attempt to
maintain continuous operation of its plant or industry by the use of non-union personnel.
The parties to a labor-management dispute can be expected to resort to the courts in the belief
that the opposing side has violated one or more of the regulations governing such disputes.
For example, typical complaints by labor unions concern the use of "scab" (non-union) labor
and the use of force by management. Management typically complains that the legal limits on
strike activity, picketing, and boycotts are being violated by the union.
Policing problems occur frequently when management attempts to move personnel and
materials on and off its property, and labor attempts to block that movement.
Even though it can be difficult to determine the lawfulness of particular actions taken by either
side during a strike, objectives remain constant:
. to protect life and property,
. to preserve the peace, and
. to protect the opportunity for all persons to exercise their rights when they wish to do so.
Violence and Vandalism
Violent attacks against individuals, attacks upon vehicles or other property, such as throwing
rocks or paint, slashing tires or cutting ignition wires, cannot and will not be tolerated.
Often it may be difficult to identify the perpetrators of such acts, but offense reports shall be
completed in any event because they will serve to substantiate events which may characterize
a particular dispute.
Serious acts of violence, particularly those directed against individuals must be dealt with
directly and stopped. It may be advisable to delay your response to minor acts of violence, such
as scraping paint on passing vehicles, until an opportune tactical moment.
Outside Agitators
Individuals with no direct interest in the dispute may be present at the scene for purposes of
their own. Recently, various radical organizations have expressed interest in involving
themselves with the labor movement, an interest which has not been welcomed by labor
leaders in every case. Such persons can be expected to promote the cause of confrontation
above that of negotiation and compromise, the essence of labor relations.
For that reason, they may engage in violent or unlawful acts ordinarily avoided by labor-
management disputants.
The most important action you can take in response to individuals of this type is to identify
them and evaluate their relationship to the dispute. Naturally, appropriate police action should
be taken if their behavior warrants it.
Intoxication and Similar Violations Unrelated to the Dispute
Various offensive acts such as drinking or loud and boisterous language may occur during
disputes. This kind of behavior is ordinarily discouraged by leaders of both factions, who will
usually cooperate with your efforts to control public disturbances caused by their own
subordinates. If you are able to persuade these officials to supervise their own men and to
remove from the scene men who are offensive to the public, you will minimize the danger of
creating a serious reaction to the incident.
Unorganized Labor Activities
Special problems resulting from inadequate communications have arisen in past situations
involving labor groups that are poorly organized. Wildcat strikes and boycott activities
purported to support farm workers typify this problem. Communications with such groups can
be difficult to develop and maintain. Frequently, leadership is not formalized and leaders are not
easily identifiable.
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