From the Desk of Weinberg, Roger & Rosenfeld

Victory for Unions’ Right to Picket

The Supreme Court of the United States once recognized that “[p]eaceful picketing
is the workingman’s means of communication.” Milk Wagon Driver’s Union v. Meadowmoor, Inc., 
312 U.S. 287, 293 (1941).  Since then, employers have steadily chipped away at the laws that allow
workers to express themselves through picketing.  Fortunately, on April 1, 2019, the Labor Movement
deflected the latest attack on the right to picket when the Supreme Court declined to review a Court of
Appeals case where the employer attempted to establish a categorical bar on picketing by
employees on the employer’s property during work hours.

Whenever employees seek to exercise their right to solicit support for a labor dispute “on their employer’s
property, the employees’ rights are balanced against the employer’s property interests . . . .”  
Capital Med. Ctr. v. NLRB, 909 F.3d 427, 431 (2018).  Employees are presumed to have the right to
solicit support unless the employer presents that a prohibition is necessary to maintain discipline. 
InCapital, the employer argued that the law’s presumption in favor of employee rights “should be
inapplicable in the context of employee picketing on company property.”  Capital, 909 F.3d at 433. 
The court disagreed, finding that picketing is no more disruptive than other kinds of pro-union communication. 
 Id. at 434.  The court upheld the right to picket for “a small number of off-duty hospital employees,
seeking to inform visitors to the facility about an ongoing labor dispute . . . .”  Id. at 430.

For now, the law continues to protect non-disruptive picketing on company property. 
Members and organizers should remain vigilant for any attempts by management to
curtail the union’s right to peacefully picket on company property.

By Alex Nazarov | April 29, 2019

An Important Message from
Western Territories GLVP Gary Allen

Looking for a Union Job Click Here

The job postings paged has moved to it's own location.
Please click above to access it. Thank you.

Welcome to the Machinists Union! With nearly 600,000 active and
retired members, the IAM is one of the largest and most diverse labor
unions in North America. From Boeing and Lockheed Martin to
United Airlines and Harley-Davidson, you will find IAM members across
all walks of life. IAM members demand respect and dignity in the workplace.
Together, we have been able to bargain for increased job security, higher wages,
and improved benefits.

Click Here to Form a union in your workplace

Actions Alert Center

Get involved with the legislative process by contacting your congressional representatives on
issues that matter most to you. Research voting records, read current legislation, and find out a little
bit more about those who represent you in office. Learn more in the IAM Legislative Action Center.

Click here to view alerts

An IAM District W24 member recognized for outstanding
Community Volunteering time for what they love to do and
give back to their communities.
Thank you Brian.
Click here for Article

Back to top of page
Last update 4.30.19