Describe the legal limitations on picketing. Why do so many restrictions exist? (10 minutes)

Question

What will be an ideal response?

Answer 1

In economic and unfair labor practice strikes, picketing is legal but with some limitations. Picket line misconduct such as violence or vandalism is not protected by the NLRA and can therefore result in discipline and loss of recall rights at the end of the strike, as well as potential criminal prosecution. Mass picketing that blocks entrances to an employer's property is also illegal. Injunctions by state courts are still used to restrain picketing, and it is not unusual for an injunction to limit the number of picketers at each entrance to an employer's property.
Workers that choose to cross a picket line have a legal right to do so. Unions, however, have the right to discipline union members who cross a picket line. Union members, on the other hand, have a right to resign from the union to avoid discipline (e.g., expulsion or a fine). Boycotts are frequently supported by picketing, and the legality of such conduct can be especially complex in the construction industry when employees of numerous companies are working at the same construction site, also known as common situs picketing. When picketing of this type targets an entire worksite, it is considered illegal because it includes secondary or neutral employers. The law seeks to balance the employees' right to publicize their dispute with the secondary and/or neutral employers' right to conduct business. Finally, picketing in a union recognition strike is limited to 30 days (with some exceptions).