What are the laws governing union picketing?
Picketing is a form of protest commonly used by labor unions to bring attention to grievances and demands of workers. In California, the law governing union picketing is governed by the California Labor Code Section 1138.5, which states that unions have the right to peacefully picket and demonstrate to publicize a labor dispute. However, this right is limited in scope. Picketing must be peaceful and orderly, and it must not be intimidating or physically intimidating to potential customers or members of the public. Additionally, picketing is limited to the “premises” of the target employer or other locations where the union’s rights are protected by the National Labor Relations Board. Courts have interpreted “premises” to include public places near the target employer, such as sidewalks and parks close to the employer’s main property. Furthermore, employers in California are prohibited from retaliating against employees for engaging in picketing activities. This means that employers cannot take adverse action, such as termination or disciplinary action, against an employee for engaging in union picketing activities. The labor laws in California provide unions with important rights and protections that allow them to compete for better wages and working conditions for all workers. In order to ensure these rights are respected, it is important for union members to follow the rules governing union picketing and to understand their rights when participating in picketing activities.
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