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Unformatted text preview: se
and
to
lawful
means
 • Obstruction
 o Picketing
 so
 conducted
 as
 to
 amount
 to
 a
 nuisance
 is
 unlawful
 o Example:
 obstruction
 to
 free
 use
 of
 property
 or
 unlawful
 obstruction
 to
 free
 passage
 or
 use
 of
 a
 street,
 or
 if
 accompanied
by
intimidation,
threats,
violence,
coercion
 • Violence
and
intimidation
 o What
 constitutes
 unlawful
 intimidation
 depends
 on
 all
 the
 circumstances
 • Untruthful
picketing
 o Picketing
may
carry
placards
and
banners
truthfully
advising
 the
public
concerning
the
dispute,
but
untruthful
picketing
is
 unlawful
and
is
enjoinable
even
though
its
purpose
is
valid
 o False statements
 are
 not
 constitutionally
 protected
 speech;
 however,
Constitution
does
not
permit
an
injunction
against
 all
 picketing
 merely
 because
 the
 pickets
 have
 carried
 signs
 with
false
statements
 o Not
 peaceful
 if
 there
 is
 shouting/loudspeakers
 in
 front
 of
 a
 picketed
place
of
business/abusive
and
threatening
language
 toward
patrons
of
business
or
against
employees
 Other
concerted
activities
 • Collective
letter
 o Acting
 in
 concert
 with
 other
 employees
 to
 voice
 their
 grievance
 against
 the
 bank
 through
 a
 letter
 signed
 and
 published
by
them
 • Publicity
 o Sign,
handbill
or
newspaper
advertisement
 • Placards
and
banners
 o Striker,
 having
 the
 right
 to
 apprise
 the
 public
 of
 the
 fact
 of
 the
strike
and
solicit
its
support
may
inscribe
his
grievances
 upon
 placards/banners
 to
 be
 seen
 at
 a
 distance
 and
 to
 be
 25
 • • • • read
by
many;
and
that
he
may
carry
the
same
upon
a
public
 street,
 provided
 the
 inscription
 is
 not
 libelous
 or
 otherwise
 unlawful
 o Limitations:
 legality
 of
 bannering
 may
 depend
 upon
 the
 locality
 in
 which
 it
 takes
 place,
 and
 the
 right
 to
 speak
 or
 publish
may
not
be
so
used
as
to
constitute
a
nuisance
 Wearing
of
armbands
 o Bascon
v.
CA
 The
 actual
 participation
 of
 the
 employees
 in
 the
 illegal
strike
was
limited
to
wearing
armbands
and
 putting
 up
 placards,
 which
 did
 not
 contain
 offensive
words
or
symbols
 Neither
such
wearing
of
armbands
nor
putting
up
of
 placards
can
be
construed
as
an
illegal
act.
They
are
 within
the
mantle
of
constitutional
protection
under
 freedom
of
speech
 Termination
 of
 petitioner’s
 employment
 not
 being
 for
any
just
cause,
constitutes...
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This document was uploaded on 03/11/2014.

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