NCJ Number
55678
Journal
Police Review Volume: 87 Dated: (FEBRUARY 9, 1979) Pages: 204-207
Date Published
1979
Length
4 pages
Annotation
ENGLISH LEGISLATION AND CASE LAW CONCERNING PEACEFUL PICKETING AND POLICE RESPONSIBILITIES TO PROTECT THE UNINVOLVED PUBLIC ARE DISCUSSED.
Abstract
SECTION 15 OF THE TRADE UNIONS AND LABOR RELATIONS ACT OF 1974 PROVIDES THE AUTHORITY FOR PICKETING IN ENGLISH LAW. PICKETING IS LAWFUL WHEN IT IS CARRIED OUT IN CONTEMPLATION OR FUTHERANCE OF A TRADE DISPUTE AND IT IS FOR THE PURPOSE ONLY OF PEACEFULLY OBTAINING OR COMMUNICATING INFORMATION, OR PEACEFULLY PERSUADING ANY PERSON TO WORK OR ABSTAIN FROM WORKING. PICKETING IS LAWFUL ONLY WHEN CONDUCTED PEACEFULLY; WHEN IT IS ACCOMPANIED BY VIOLENCE, OFFENSES MAY BE COMMITTED AGAINST THE CONSPIRACY AND PROTECTION OF PROPERTY ACT OF 1875, THE PUBLIC ORDER ACT OF 1936, THE HIGHWAY ACT OF 1959, OR THE COMMON LAW. CASE LAW INDICATES THAT POLICE CAN RESTRICT THE NUMBER OF PICKETS IF THEY REASONABLY FEAR A BREACH OF THE PEACE, THAT PICKETING DOES NOT ENTITLE THE STOPPING OF VEHICLES OR PERSONS AGAINST THEIR WILL, AND THAT SECONDARY PICKETING AGAINST COMPANIES NOT DIRECTLY INVOLVED IN THE DISPUTE CAN BE PROHIBITED. THE LABOR RESEARCH DEPARTMENT PUBLISHES A BOOKLET CONTAINING GUIDELINES FOR PICKETING TO INFORM PICKETS OF THEIR RESPONSIBILITIES. POLICE ARE RELUCTANT TO BECOME INVOLVED IN LABOR DISPUTES BECAUSE THEY ARE OFTEN SUPPORTED BY MEMBERS OF PARLIAMENT AND OTHER PROMINENT MEMBERS OF THE COMMUNITY AND BECAUSE THEY TEND TO BE VERY EMOTIONAL AFFAIRS INVOLVING DEDICATED PEOPLE. NEVERTHELESS, BULLYING TACTICS ON THE PICKET LINE MUST BE HALTED, AND THIS WILL NECESSITATE POLICE INVOLVEMENT WHETHER THEY LIKE IT OR NOT. NUMEROUS CASES INVOLVING PICKET LINE-RELATED OFFENSES ARE CITED. (KM)