Union Members Allowed to Protest on Property Not Belonging to their Employer

Musicians should have been allowed to stand on private property while they protested a ballet company’ use of recorded music inside a performing arts center. This decision shows that the right of employees to engage in peaceful and non-disruptive labor activities may trump the interest of an employer to control access to its private property.…
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“No Loitering” Policy: Unlawful says NLRB

Loiter (verb): to stand or wait around idly or without apparent purpose. Many workplaces prohibit off-duty workers from loitering at the worksite. These policies make great sense. They decrease the likelihood of wage and hour violations by providing off-duty employees the opportunity to claim they were working, but not being paid for their work. They…
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Teamsters Picket Jack Nicklaus’ Memorial Golf Tournament

NetJets’ (headquartered in Columbus, Ohio) workers who are represented by Teamsters Local 284 (Columbus, Ohio) launched an informational picketing campaign at the PGA’s Memorial Tournament (Columbus, Ohio). The Teamsters represent aircraft mechanics, maintenance control, aircraft fuelers, aircraft cleaners, and stock clerks at NetJets. The union is mad that the company is not giving into its…
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Union Trying to Organize Casino Workers Guilty of Bullying

Unite Here tried to organize workers at an Indiana casino to join the union. Part of the organizing strategy was to harass customers of the casino at their homes and businesses through a secondary boycott. A secondary boycott is a tactic used by unions to stop a neutral third party (casino customers) from doing business…
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Calling the Police Over Handbilling in Front of Workplace Unlawful Because City Previously Designated Area as Public Right of Way

The United Food and Commercial Workers union tried to organize workers at a Hillshire Brands Co. facility in Texas. As part of its campaign, non-employees handed out pamphlets at the end of the company’s driveway. The organizers stood on a 10-foot wide corridor designated by the city as a public right of way. The Company’s…
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Electrical Workers Union Sparks Lawsuit Over Banner and Flyers at Hospital that Retained Non-Union Construction Company for Expansion

I have been involved in a few of these union demonstrations and they walk a very fine line between being protected under the First Amendment of the U.S. Constitution as free speech and being unprotected and thus unlawful. Since the difference between lawful free speech and unlawful antics is razor thin and heavily fact-dependent, I…
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