AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies


Back to list of subjects             Back to Legal Publications Menu

Picketing

     Monthly Law Journal Article: Picketing Rights of Public Employees, 2007 (11) AELE Mo. L. J. 201.
     Second Circuit holds that a privatized correctional service unlawfully terminated five corrections officers for engaging in recognition picketing. Civil Serv Empl. Assn. L-1000, AFSCME, v. N.L.R.B. (Correctional Medical Services), #07-5041, 569 F.3d 88, 2009 U.S. App. Lexis 13187, 186 LRRM (BNA) 2807 (2nd Cir.).
     Second Circuit overturns the termination of correctional health care workers who participated in an unlawful picket line. "While labor organizations are subject to sanction for either striking or picketing without observing the [10-day] notice requirement specified by section 8(g) [Pub. L. 93-360, 88 Stat. 396] the statute specifies sanctions for employees who participate in the violation only in the case of strikes and not in the case of picketing (unless the employees are agents of the labor organization and have violated section 8(b))." Civil Service Employees' Assn. v. NLRB, #07-5041, 2009 U.S. App. Lexis 13187 (2nd Cir.).
     Antiwar activists did not have a right to protest inside the gates of West Point Military Academy during the Vice President's address to the graduating class. Sussman v. Crawford, #07-2171, 2007 U.S. App. Lexis 12192 (2nd Cir.).
     Union picketing in front of a casino is a protected activity under the National Labor Relations Act. Management requested that the Las Vegas Police issue trespass citations because the front sidewalk was privately owned. The NLRB has held that a casino's sidewalk "constitutes a public forum subject to the protections of the First Amendment." Venetian Casino Resort, #28-CA-16000, 345 NLRB No. 82, 2005 NLRB Lexis 510 (Sept. 30, 2005) citing Venetian Casino v. Local Board, #00-15136, 257 F.3d 937 (9th Cir. 2001). {N/R}
     Picketing off-duty firefighter, who engaged in a verbal confrontation with the county's chief executive, was not protected by the First Amendment; 30-day suspension upheld. Travers v. Jones, #02-14043, 323 F.3d 1294, 2003 U.S. App. Lexis 4178, 172 LRRM (BNA) 2009 (11th Cir. 2003). {N/R}
     Federal court affirms a county's liability for retaliatory action after several officers engaged in "informational picketing," but reduces the jury's verdict of $300,000 per officer to $75,000 per officer. Burden of proving that plaintiffs failed to mitigate their damages fell on the employer. Clopp v. Atlantic County, #00-1103, 2002 U.S. Dist. Lexis 18898, 170 LRRM (BNA) 3260 (D.N.J. 2002). [2003 FP Jan]
     Federal appeals court rejects federal liability of public employee unions for illegal picketing damages. Pacific Mar. Assn. v. L-63, #98-55453, 198 F.3d 1078, 1999 U.S. App. Lexis 32077 (9th Cir. 1999). [2000 FP 25]
     FLRA reinstates guard's security clearance which was removed because he engaged in peaceful informational picketing at an air base. Puerto Rico Air Natl. Guard and AFGE Local 3936, FLRA, #BN-CA-90241, 2000 FLRA Lexis 40, 56 FLRA No. 21, 38 (1859) G.E.R.R. 522, (3/21/00). {N/R}
     Divided federal appeals court enjoins union from picketing with a banner claiming the building is "full of rats." Although a "rat" is also "an employer who fails to pay the failing wage rate" the common meaning of rodent infested will be assumed by the public. San Antonio Comm. Hosp. v. So. Cal. Carpenters, 115 F.3d 685, 1997 U.S. App. Lexis 13012 (9th Cir.). {N/R}
     Federal appeals court upholds damages and reinstatement claims of black officers who were fired for removing U.S. flag from their uniforms and picketing; 12 years of backpay for 6 appellants. Leonard v. City of Columbus, 705 F.2d 1299, reh. en banc denied, 716 F.2d 914 (11th Cir. 1983).
     Laws may not prohibit picketing or handbilling around court house, city hall or other public buildings. U.S. v. Grace, 103 S.Ct. 1702 (1983).
     State labor board upholds unfair labor practice against two other unions that honored striking firefighters" picket lines. City of Manchester and AFSCME Local 298, NHPERLB Case #M00521 Decision 780045.
     Public employees may continue "informational" picketing after unlawful work stoppage has ceased - Illinois court rules. Board of Education v. Danville Education Assn., 376 N.E.2d 430 (Ill.App. 1978).
     See also: First Amendment Related; Free Speech.
     

Back to list of subjects             Back to Legal Publications Menu