From the Desk of Weinberg, Roger & Rosenfeld
Victory for Unions’ Right to Picket
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.
employees seek to exercise their right to solicit support for a labor
“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.
the law continues to protect non-disruptive picketing on company
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
TO THE IAM!
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.
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