The Legal Side of Private Security: Working through the Maze

By Leo F. Hannon | Go to book overview

6
The Employment World Outside of the National Labor Relations Act and Arbitration

Congress and the courts fostered collective bargaining and arbitration in order to protect the general public from labor unrest. In attempting to reach this objective it was deemed necessary to put management and labor on equal footing. By doing so, the individual employee in the organized sector was assigned a subordinate role.

This arrangement worked well until changes started to take place in the early 1970s. Individuals became increasingly more interested in their own rights and less interested in protecting them through collective action. The subsequent slowdown in union organizing activity did not mean that employees were more satisfied with employers; it only meant that they as individuals were finding new means to solve their personal employment problems.

To a great extent this search for alternative legal means had to take place outside the areas preempted by the National Labor Relations Act and arbitration. Two non-preempted areas offered rich grounds for challenge: one, applications for jobs, either organized or unorganized; and two, the whole unorganized private sector. As mentioned previously, applicants are not covered by the National Labor Relations Act. The subject matters to be legally tested in connection with job applicants cover a wide range but generally are related to privacy. Again, privacy issues are considered in both NLRB and arbitration cases but do not get high priorities because these two areas have a heavy focus on balancing management and group rights. With the growing interest in personal rights, there almost necessarily had to be an increased tension around privacy because privacy had not been a significant factor in the workplace. One's workplace was not one's castle. Further, employers, because of work-

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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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