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||The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (December 2010)|
Picketing is a form of protest in which people (called picketers) congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in ("crossing the picket line"), but it can also be done to draw public attention to a cause. Picketers normally endeavor to be non-violent. It can have a number of aims, but is generally to put pressure on the party targeted to meet particular demands and/or cease operations. This pressure is achieved by harming the business through loss of customers and negative publicity, or by discouraging or preventing workers and/or customers from entering the site and thereby preventing the business from operating normally.
Picketing is a common tactic used by trade unions during strikes, who will try to prevent dissident members of the union, members of other unions and non-unionised workers from working. Those who cross the picket line and work despite the strike are known pejoratively as scabs.
Types of picketing
Informational picketing is the legal name given to the type of picketing described above. Informational picketing, as described by Merriam-Webster's Dictionary of Law, entails picketing by a group, typically a labor or trade union, which inform the public about a matter of concern important to the union. This is a popular picketing technique for nurses to use outside of healthcare facilities. For example, on April 5, 2006 the nurses of the University of Massachusetts Memorial Medical Center participated in two separate informational picketing events to protect the quality of their nursing program. Informational picketing was used to gain public support and promote further bargaining with management.
A mass picket is an attempt to bring as many people as possible to a picket line, in order to demonstrate support for the cause. It is primarily used when only one workplace is being picketed, or for a symbolically or practically important workplace. Due to the numbers involved, a mass picket may turn into a potentially unlawful blockade.
Secondary picketing is where people picket locations that are not directly connected to the issue of protest. This would include component suppliers the picketed business relies on, retail stores that sell products by the company being picketed against, and the private homes of the company's management. In many jurisdictions, secondary pickets do not have the same civil law protection as primary pickets. This tactic of picketing was outlawed in the United Kingdom by the Conservative Party government of Margaret Thatcher in the mid-1980s, but the Labour opposition led by Neil Kinnock was pushing for it to be legalised in the run-up to the 1987 general election. However, these plans had been dropped by the time Labour returned to power under Tony Blair in 1997.
Another tactic is to organize highly mobile pickets who can turn up at any of a company's locations on short notice. These flying pickets are particularly effective against multifacility businesses which could otherwise pursue legal prior restraint and shift operations among facilities if the location of the picket were known with certainty ahead of time.
Picketing is also used by pressure groups across the political spectrum. In particular, picketing has been employed by religious groups such as the Westboro Baptist Church who picket a variety of stores or events that they consider to be sinful.
Disruptive picketing is where pickets illegally use force, or the threat of force, or physical obstruction, to injure or intimidate or otherwise interfere with either staff, service users, or customers.
Increasingly, with the introduction of the Internet and digital photography, picketers have placed cameras at the entrances of their targets, often accompanied with written notices warning those who cross the picket line that their photographs (and, where known, their names and addresses) will be posted on the picketers' website. The legality of these sort of tactics have been challenged in some jurisdictions, on the grounds that such tactics violate privacy rights and/or are intended to incite later reprisals against such individuals.
Picketing and the law
Picketing, as long as it does not cause obstruction to a highway or intimidation, is legal in many countries and in line with freedom of assembly laws, though many countries do have restrictions on the use of picketing.
Legally defined, recognitional picketing is a method of picketing that applies economic pressure to an employer with the specific goal to force the employer to recognize the issues facing employees and address them through bargaining with a union. In the US, this type of picketing, under Section 8(b) (7) (A) of the Labor Act, is typically illegal if representation is not relevant or is unquestionable.
In the UK mass picketing was made illegal under the Trade Disputes and Trade Unions Act 1927 after the 1926 General Strike. The Trade Union and Labour Relations (Consolidation) Act 1992 gives protection under civil law for pickets who are acting in connection with an industrial dispute at or near their workplace who are using their picketing to peacefully obtain or communicate information or peacefully persuading any person to work or abstain from working. However, many employers have recently taken to gaining injunctions to limit the effect of picketing outside their work place. The granting of injunctions tends to be based on the accusation of intimidation or in general on non-peaceful behaviour and the claim that numbers of the picketers are not from the affected work place. Historically, picketing was banned by a Liberal government in the Criminal Law Amendment Act 1871 but then decriminalised by a Conservative government with the Conspiracy and Protection of Property Act 1875.
In the US any strike activity was hard to organize in the early 1900s, however picketing became more common after the Norris-LaGuardia Act of 1932, which limited the ability of employers to gain injunctions to stop strikes, and further legislation which supported the right to organize for the unions. Mass picketing and secondary picketing was however outlawed by The Taft-Hartley Labor Act (1947). Some kinds of pickets are constitutionally protected.
Viewing laws against stalking as potentially inconsistent with labour rights of picketing, the first anti-stalking law of the industrialised world, made by California's lawmakers, inserted provisions that disapply the law from "normal labor picketing", that has survived subsequent amendments.
- "Picketer | Define Picketer at Dictionary.com". Dictionary.reference.com. Retrieved 2010-09-01.
- "informational picketing." Merriam-Webster's Dictionary of Law. Merriam-Webster, Inc. 23 Nov. 2009
- Twarog,J: “Informational pickets, rallies, vigils and leafleting at health care facilities” Massachusetts Nurse; Apr2006, Vol. 77 Issue 3, p9-9, 2/3p
- Leedom v. Kyne and the Implementation of a National Labor Policy, James F. Wyatt III, Duke Law Journal, Vol. 1981, No. 5 (Nov., 1981), pp. 853–877
- 52 Geo. L. J. 248 (1963-1964)Federal Regulation of Recognition Picketing ; Shawe, Earle K.
- "Stale" Contract No Bar to Recognitional Picketing. Labor Law Journal Jun66, Vol. 17 Issue 6, p384 1/2p http://web.ebscohost.com/ehost/pdf?vid=2&hid=104&sid=c104b213-f36a-45be- a48e-143c888ef5bd%40sessionmgr112
- Picketing, The Liberty guide to human rights, 11 January 2005, Liberty
- Timeline:1850–1880, TUC history online, Professor Mary Davis, Centre for Trade Union Studies, London Metropolitan University
- PICKETING, The Columbia Electronic Encyclopedia, Columbia University Press.
- Thornhill v. Alabama
- Other cases cited at Free speech zone#Notable incidents and court proceedings
- Penal Code s. 646.1
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