Nlrcandmiddleby mitsubishimotorsvchrysler o the

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Unformatted text preview: he
 improved‐offer
 balloting
device,
the
strike/lockout
may
end
peaceably
 • Sometimes
strike/lockout
continues
because
the
one
that
started
it
is
 too
 proud
 to
 admit
 that
 he
 “backs
 out”
 from
 a
 fight
 despite
 the
 contrary
 sentiment
 of
 the
 group.
 IOB
 opens
 a
 graceful
 exit
 
 improved
 offer
 by
 employer
 or
 reduced
 demand
 by
 the
 union
 will
 serve
as
a
basis
for
secret
balloting
that
will
not
reveal
who
“retreated
 from
the
fight”
 Chapter
I:
Strikes
and
lockouts
(cont’d)
 [Part
2.
Picketing
and
other
concerted
actions]
 1. Picketing
 • Involves
the
presence
of
striking
workers
or
their
union
brothers
who
 pace
 back
 and
 forth
 before
 the
 place
 of
 business
 of
 an
 employer
 considered
 “unfair
 to
 organized
 labor”,
 in
 the
 hope
 of
 being
 able
 to
 persuade
peacefully
other
workers
not
to
work
in
the
establishment,
 and
customers
not
to
do
business
there
 • Almost
always
accompanies
a
strike
(but
may
have
picketing
without
 a
strike
because
employees
may
picket
without
work
stoppage)
 • As
phase
of
freedom
of
speech
 24
 The
right
to
picket
as
a
means
of
communicating
the
facts
of
 a
 labor
 dispute
 is
 a
 phase
 of
 the
 freedom
 of
 speech
 guaranteed
by
the
Constitution
 o If
 peacefully
 carried
 out,
 it
 cannot
 be
 curtailed
 even
 in
 absence
of
employer‐employee
relationship
 Picketing
without
striking
 o A
 state
 cannot
 outlaw
 picketing
 merely
 because
 there
 is
 no
 strike
in
progress
 Moving
picket
 o Picket
line,
whether
large
or
small,
keeps
in
constant
motion
 
 public
 easement
 of
 way
 and
 passage
 permits
 the
 pickets
 to
 parade
 in
 front
 of
 or
 near
 the
 picketed
 establishment
 
 As
 members
 of
 the
 general
 public,
 they
 have
 the
 right
 of
 passage
over
so
much
of
the
employer’s
land
as
is
used
as
a
 highway
 
 pedestrian
 right;
 does
 NOT
 create
 additional
 right
 such
 as
 squatting
 or
 assembly
 on
 this
 portion
 of
 the
 employer’s
land
(in
which
case
it
is
an
enjoinable
trespass)
 o The
 pickets/picketer
 used
 by
 the
 union
 may
 or
 may
 not
 be
 employees
of
the
offending
employer

they’re
usually
from
 the
union’s
unemployed
or
partially
employed
members
 Picketing
of
neutral
parties
or
“innocent
bystanders”
 o Philippine
Association
of
Free
Labor
Unions
v.
...
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