The Legal Side of Private Security: Working through the Maze

By Leo F. Hannon | Go to book overview

3
Security-Related Matters in Collective Bargaining

Understanding the origins of the National Labor Relations Act is necessary in order to understand how it fits in with other areas of the law. During the 1930s, Congress grew concerned with labor turmoil that was having an adverse effect on the general public. In its judgment, labor peace could only be brought about if labor was put on an equal footing with management. As Congress saw it, this balance could be best achieved through fostering collective bargaining. The key word is collective, because it was believed that effective employee bargaining strength could only be achieved through the group and not the individual. This is a cornerstone in labor law thinking and distinguishes it from many other areas of the law that emphasize the individual.

The NLRA was passed with these ideas in mind and it is the role of the NLRB, as pointed out in chapter 2, to balance the rights of employees to bargain collectively with the rights of employers to run an efficient business. In the process of discussing the application of the NLRA to security issues, there will be some comment on drug programs, gate and locker searches, interrogations, surveillance, polygraph use, and similar issues, but these issues will be viewed only in connection with the National Labor Relations Act.

The heart and soul of the NLRA is Section 7. Under that section, employees are given the "right to self organization, to form, join or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other material aid or protection." They also are given the right to refrain from many of these activities. These

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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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