Picketing

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Employees of the BBC form a picket line during a strike in May 2005.

For the historical form of punishment, see picketing (punishment).

Picketing is a form of resistance in which people congregate outside a place of work or location where an event is taking place. Often, this is done in an attempt to dissuade others from going in ("crossing the picket line"), but it can also be done to draw public attention to a cause. Pickets normally endeavor to be non-violent. It can have a number of aims, but is generally to put pressure on the party targeted to meet particular demands. This pressure is achieved by harming the business through loss of custom and negative publicity, or by discouraging or preventing workers from entering the site and thereby preventing the business from operating normally.

Picketing is a common tactic used by trade unions during strikes, who will try to prevent dissident members of the union, members of other unions and ununionised workers from working. Those who cross the picket line and work despite the strike are known pejoratively as scabs.

[edit] Types of picket

A rally of the trade union UNISON in Oxford during a strike on 2006-03-28, with members carrying picket signs.

A mass picket is an attempt to bring as many people as possible to a picket line, in order to demonstrate support for the cause. It is primarily used when only one workplace is being picketed, or for a symbolically or practically important workplace. Due to the numbers involved, a mass picket may turn in to a blockade.

Secondary picketing is where people picket locations that are not directly connected to the issue of protest. This would include retail stores that sell products by the company being picketed against, and the private homes of the company's management. Secondary pickets often do not have the same civil law protection as primary pickets.

Another tactic is to organize highly mobile picketers who can turn up at any of a company's location on short notice. These flying pickets are particularly effective against multifacility businessis which could otherwise pursue legal prior restraint and shift operations among facilities if the location of the picket were known with certainty ahead of time.

Picketing is also used by pressure groups across the political spectrum.

[edit] Disruptive picketing

Disruptive picketing is where picketers use force, or the threat of force, or physical obstruction, to injure or intimidate or otherwise interfere with either staff, service users, or customers.^[1]

In the US, disruptive picketing of abortion providers is a common form of pro-life protest:^[2] over thirteen thousand incidents were reported in 2005^[3]

[edit] Picketing and the law

Picketing as long as it does not cause obstruction to a highway or intimidation is legal in many countries and in line with freedom of assembly laws but many countries have restrictions on the use of picketing.

In the UK the Trade Union and Labour Relations (Consolidation) Act 1992 gives protection under civil law for pickets who are acting in connection with an industrial dispute at or near their workplace who are using their picketing to peacefully obtain or communicate information or peacefully persuading any person to work or abstain from working. However, many employers have recently taken to gaining injunctions to limit the effect of picketing outside their work place, the granting of injunctions tends to be based on the accusation of intimidation or general on peaceful behaviour and the claim that numbers of the pickers are not from the effected work place^[4]. Historically, picking was banned by a Liberal government in the Criminal Law Amendment Act 1871 but then decriminalised by a Conservative government with the Conspiracy and Protection of Property Act 1875.^[5]

In the US any strike activity was hard to organise in the early 1900s however picketing became more common after the Norris-LaGuardia Act of 1932, which limited the ability of employers to gain injunctions to stop strikes, and further legislation which supported the right to organise for the unions. Mass picketing and secondary picketing was however outlawed by the The Taft-Hartley Labor Act (1947).^[6]

[edit] Notes and references

1. ^ Leedom v. Kyne and the Implementation of a National Labor Policy, James F. Wyatt III, Duke Law Journal, Vol. 1981, No. 5 (Nov., 1981), pp. 853-877
2. ^ Picketing and harassment
3. ^ Violence statistics
4. ^ Picketing, The Liberty guide to human rights, 11 January 2005, Liberty
5. ^ Timeline:1850-1880, TUC history online, Professor Mary Davis, Centre for Trade Union Studies, London Metropolitan University
6. ^ PICKETING, The Columbia Electronic Encyclopedia, Columbia University Press.