An indication of things to come

Michael Vandevort, who is fellow HR professional posted this information this morning:

Court ruling: You can kick unions off your property | BusinessBrief.com

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In at least one state, a new court ruling changes the game on union organizers’ access to workplaces.

 

The case was decided in California – where a lot of landmark cases set the tone for what happens in the rest of the country. The facts played out this way.

The company, Ralphs Grocery Co., owned and operated a large unionized main facility and a non-union warehouse When the company resisted the union’s attempts to organize workers at the warehouse, the union retaliated by picketing and distributing fliers at the company’s unionized main facility. The company responded by filing a complaint in court, seeking a temporary restraining order against the union – essentially charging the union with trespassing.

The union cited the state’s Moscone Act, which gives preferential treatment to unions charged with trespass. A lot of states have similar legislation). In part, the act reads, “no court … has jurisdiction to issue any restraining order or preliminary or permanent injunction which … prohibits” union activities. Under the Act, the company would have to prove that, among other reasons, the picketing presented a safety hazard. The appeals court in effect ruled that the Moscone Act was unconstitutional, in that it placed an almost impossible burden in the company to prevent union trespassing.

The case presents a lesson to employers about unions and access to employers’ property:

• Federal labor law prohibits discriminatory enforcement of specific no-trespass policies against unions. So you’ll want to be careful about allowing other groups to solicit on your property while you attempt to bar unions. If you allow one group, you have to allow others, including union organizers.
• Most companies don’t have a plan if organizers show up and want to picket or otherwise use company property. Be prepared, including training managers and supervisors on how to handle onsite labor activity.
• If you rent or lease property, review your agreement with the property owner to determine whether you have the right to exclude organizers.

Cite: Ralphs Grocery Company v. United Food and Commercial Workers Union, Local 8, No. 34-2008-8682

Posted via email from hrstrategist@Net-Speed