The Legal Side of Private Security: Working through the Maze

By Leo F. Hannon | Go to book overview

Introduction

The tensions between an employer's right to run a business in a profitable way and an individual's rights to do his or her own thing have dramatically increased over the past decade. Numerous articles have chronicled various aspects of these forces in conflict. In the interest of becoming more competitive, employers have cut their workforces. Employee loyalty has eroded in reaction to loss of job security. Industrial espionage has created a shortcut to technical advancement. A "what's in it for me" mentality has altered old value systems. Drugs have entered the workplace. Employee theft has increased.

Employers have responded to increasing threats to profit margins and safety by increasing security measures. Drug-sniffing dogs, undercover agents, cameras, searches, and physical and psychological testing have become part of their defensive programs. Individuals have responded to perceived excesses by both challenging them directly in court and getting new legislation passed to make them illegal.

Hundreds of cases reflecting these conflicts have been reported out of numerous judicial systems including federal, state, and local courts, private dispute resolution, and administrative agencies. In processing such cases, courts have interpreted a maze of laws including constitutional mandates, criminal and civil statutes, the National Labor Relations Act, the Civil Rights Act, and arbitration decisions. The results sometimes appear contradictory and often shed more shadow than light. For example, it might be proper under state trespassing laws to have union handbillers removed from private property, but that action might be a violation of the National Labor Relations Act. A locker search conducted by a law

-xi-

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The Legal Side of Private Security: Working through the Maze
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Introduction xi
  • 1 - Private Security and Law Enforcement 1
  • Notes 15
  • 2 - A View of the Maze of Laws That Impact Private Security 17
  • Notes 34
  • 3 - Security-Related Matters in Collective Bargaining 37
  • Notes 54
  • 4 - Labor-Related Demonstrations, Picketing, and Handbilling 57
  • Notes 79
  • 5 - Arbitration 81
  • Notes 102
  • 6 - The Employment World Outside of the National Labor Relations Act and Arbitration 105
  • 7 - Liability for Assaults 139
  • 8 - Individual Rights of Non-Employees and Protection of Property and Business Interests 161
  • Notes 184
  • 9 - Protecting Intangible Property 187
  • Notes 209
  • 10 - The Special Nature of Some Security Functions 213
  • Notes 223
  • Conclusion 225
  • Bibliography 229
  • Index 231
  • About the Author 237
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