The Legal Side of Private Security: Working through the Maze

By Leo F. Hannon | Go to book overview

that lead through the legal maze. At this point, they may seen disjointed, overlapping, contradictory, and unrelated. Trying to understand and harmonize the different pieces is a necessary step to making good decisions. The concept, again, is that security problems cannot be solved by focusing on a single issue of law. There are just too many that might apply. Once a general feel for the law has been acquired, areas of specific concern may be targeted. But even then there is a reasonable chance that more than one area of the law will be involved in coming up with answers.

A suggested approach for coming to grips with these multi-faceted issues is to first identify the players, determine what they are trying to do, consider what rights and duties are in the balance, and then create a plan of action. For example, appropriate questions could be: Is the security person or problem-solver employed by a retail store, a hotel, an industrial plant? Is property involved, and if so, what kind--real, personal, intangible? Who are the other people involved in the problem--employees, customers, trespassers, law enforcement agents? If they are employees, are they represented by a union or are they in a protected class?

Once these preliminary inquiries have been answered, attention can be given to some of the specific areas of the law and observations can be made as to what legal forums are involved, what rights are being balanced, and what factors enter into the balancing. In attempting to work through the maze by starting with security-related problems, identifying the players, and then examining applicable laws, some legal issues, such as defamation and privacy, will be discussed at several different points and not just one. This approach might not make it possible to put tidy bows on one area of the law before moving on to the next but it will emphasize the multi-sided legal aspects of private security problem-solving.


NOTES
1.
42 U.S.C. Sec. 1981.
2.
Civil Rights Act of 1991, 42 USC 1981, Prohibition Against All Racial Discrimination in the Making and Enforcement of Contracts.
3.
Carpenters v. Scott, 463 U.S. 825 ( 1983).
4.
408 U.S. 88 ( 1971).
5.
K. Gormley, Private Conspiracies and the Constitution, 64 Tex. L. Rev. 527 ( 1985); Case comment, Private Conspiracies to Violate Civil Rights, 90 Harv. L. Rev. 1721 ( 1977); note, The Class-Based Animus Requirements of 42 U.S.C. §1985 (c), 64 Minn. L. Rev. 635 ( 1980).
6.
F. Elkouri & E. Elkouri, How Arbitration Works ( 4th ed. 1985).
7.
Collyer Insulated Wire, 192 N.L.R.B. 837 ( 1971).
8.
Alexander v. Gardner-Denver Co., 415 U.S. 36 ( 1974).
9.
United Paperworkers v. Misco Inc., 484 U.S. 29 ( 1987).
10.
Garziano v. E. I. du Pont, 818 F.2d 380 (5th Cir. 1987).
11.
Boze v. Branstetter, 912 F.2d 801 (5th Cir. 1990).

-34-

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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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