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Employment & Labor Law for Public Safety Agencies
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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.