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How Security Should Handle Pickets and Strikes

9 things a business 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 Guide to Disasters.

By Anthony D. Manley

November 02, 2009 — CSO —

Anthony Manley's new book Security Manager's Guide to Disasters covers everything from workplace violence to earthquakes. The practical tips in this excerpt address workers' right to picket and what security can do to help keep such situations orderly and appropriate.

Picketing Issues

Other than a strike and picket action by a group of employees against an employer to gain some wage increase or to gain or retain some benefit, we must consider that other demonstrations may take place that could affect a business enterprise.

Groups or crowds that may assemble to demonstrate or to picket a company because of some business practice that they feel offends them or others should be handled in the same way as a strike incident. An example of 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 situation, the police should be requested. If the occurrence causes a business disruption or if their presence is illegal, picketers can be removed. Caution and discretion in tactics must be considered if the company hopes to avoid bad press and publicity.

Under various federal laws and sanctions, when a labor violation does in fact occur, a business may seek monetary damages, criminal sanctions, injunctive relief (judgment of unfair labor practices), and disciplinary actions against individuals or the union as a group.

However, concerning a demonstration other than a labor issue, a citizen has the right to peaceful assembly under the First Amendment of the U.S. Constitution. This amendment protects the right to picket, no matter whether the purpose is a labor dispute, civil rights, or other demonstrations. Generally, picketing is protected when it is for a lawful purpose, conducted in an orderly manner, and publicizes a grievance of some kind.

The following 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 as long as such activity does not violate local, state, or federal law.
Pickets need not be employees of the company. They may be other union members acting in sympathy with the striking union, or friends and family members of the strikers. However, they are subject to the same restrictionsand laws governing the striking union members.
Pickets have the right to picket as long as it does not cause a disruption of any of the functions or objectives of the business; they may not interfere with business operations.
Picketing is legal as long as it does not limit or deny access of employees, customers, visitors, vehicles, deliveries, etc., to the business and any of its components. Blocking anyone or any vehicle from entering or leaving the business property, physically or by threatening behavior, is illegal. Strikers causing damage to any vehicle crossing the picket line while attempting to enter the property of the facility commit the crime of criminal mischief, reckless or criminal damage to property, or criminal tampering with intent to cause damage or substantial inconvenience. In addition, strikers causing harm to other employees or persons wishing to enter the striking premises may commit the crime of assault. If an implement is used and causes damage or injury, the criminal charge will be elevated to a higher degree. Check the local or state laws that apply to your employer for the correct statute warranted.
Pickets may act as individuals, but not in the name of the employer or any of its component parts.
Handout literature may be given out by pickets to passersby, but cannot be forced upon them.
Any picketing activity must be peaceful. Pickets may not jeopardize safety or the preservation of order.
Pickets cannot apply secondary pressure or boycotts against neutral or secondary employers or businesses.
The police have the authority to impose conditions and the number of pickets where they believe large groups of people are likely to cause disruptive or criminal acts.