The Legal Side of Private Security: Working through the Maze

By Leo F. Hannon | Go to book overview

sector was not to act as the agent of the government. What it amounts to is that there are regulations and then there are regulations.


OBSERVATIONS

Students are not employees of their schools and in only a strained way are they customers. Schools generally are not looked upon as businesses oriented toward making a profit. The relationship is between students interested in getting an education and schools interested in providing it. In attempting to balance conflicts between these unique interests, some courts make analogies to invitee-owner relationships even though the factors in the balance are not exactly the same. The interest in selling the product, education, is not so much generated by a desire for profit as a desire to satisfy societal obligations. Most of the legal conflict in balancing student-school rights has taken place in the public sector because that is where most of the laws exist. Private sector relationships are more often developed in reaction to societal pressures including the happenings in state-sponsored schools.

A significant part of business has to submit to government regulation because of the government's interest in protecting the public. These protections sometimes are manifested in specific regulations that are not found in the normal employee-employer relationships. While the usual workplace rule might be tested in an arbitration setting, these rules and regulations are challenged in federal and state courts and the benchmark is not a collective bargaining contract but the federal constitution or a state statute.

Private security people all have the same fundamental objectives, but it has to be recognized that differences in legal pressures created by differences in businesses might cause them to emphasize different means in reaching those objectives. Just because a means is used by one does not necessarily indicate that it should be used by all. Each security person has to recognize the nature of his or her own business.


NOTES
1.
469 U.S. 325 ( 1985).
2.
469 U.S. 325 at 341.
3.
Iowa Code Sec. 808 A. 2 ( 1986).
4.
Futrell v. Aherns, 88 N.M. 284, 540 P.2d 214 ( 1975).
5.
Jenkins v. Louisiana State Board of Education, 506 F.2d 992 (5th Cir. 1975); Tinker v. Des Moines School District, 393 U.S. 503 ( 1969); Goss v. Lopez, 419 U.S. 565 ( 1975); Nash v. Auburn University, 812 F. 2d 655 (11th Cir. 1987).
6.
Rabel v. Illinois Wesleyean University, 514 N.E.2d 552 ( 1987).
7.
Furek v. University of Delaware, 594 A.2d 506 (Del. 1991).
8.
594 A.2d 506 at 522.

-223-

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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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