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Picketing
and Handbilling
Consumer appeals
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Picketing
is an attempt to publicize existence of a dispute |
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Picketing
is treated differently from other forms of free speech since it's
more limited in efforts to reach consumers/public. |
Does picketing
work?
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Pickets
cannot urge a total boycott of a business |
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Product must have
separate identity from business of secondary employer |
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Access
to private property must be considered (Lechmere case) |
Is picketing
distinct from handbilling?
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Appearance |
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Level of coercion |
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Whether
used in conjunction with one another |
Common Situs
Picketing
This is the usual case in construction where there is more than one employer
engaged in normal business operations at a specific work site.
Moore Dry
Dock Standards
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Location
(situs) of dispute is on secondary employer's property. |
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Employer must be
present (or normally would have been present, but for a change in
schedule due to the dispute) |
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Signs
must clearly state identity of primary employer. |
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Pickets
must remain reasonably close to primary. |
General Electric
Standards - picketing at a primary site to insulate secondary employers
from effects of picketing
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The
employer must establish and maintain a separate gate. |
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Work of secondary
employer is unrelated to normal operations of primary. |
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In
the absence of the dispute, work of secondary must not require curtailment
of the normal operations of primary. |
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