The Legal Side of Private Security: Working through the Maze

By Leo F. Hannon | Go to book overview

4
Labor-Related Demonstrations, Picketing, and Handbilling

Labor peace is not always achievable, and from time to time the wheels come off, as the saying goes. This discussion of labor activities during times of unrest will start with work stoppages and on-site demonstrations by employees and work out to activities engaged in at the borders of private property, both by employees and non-employee union agents. Since the predominant interests involved are labor-related, the bright legal light will be shed by the National Labor Relations Act. Factors in the balance will be the employees' right to engage in protected concerted activities and the employer's property rights and right to operate an efficient business.


ON-SITE WORK STOPPAGES AND DEMONSTRATIONS BY EMPLOYEES

At the risk of redundancy, the first inquiry will be into the non-union sector. Remember, the National Labor Relations Act extends its coverage to employees engaging in concerted activities, not just union activities. Such covered activities include work stoppages. A review of two venerable but still viable non-union cases illustrates the point.

In Quaker Alloy, 1 twenty-one unorganized employees from off-going and oncoming shifts took about ten minutes of company time to meet in a company washroom to discuss the formulation of a grievance over a change in working hours. The employees were engaged in bench work and the impact on productivity was limited. The Board and the court found that the employer's discharge of the two ringleaders was in violation of the NLRA.

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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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