Purpose:
To establish department Policy and Procedures regarding labor relations in a strike situation, such that order will be maintained.
Policy:
Negotiation and collective bargaining are legally recognized methods of settling labor disputes. In such disputes, it is not the function of the department to deal with the issues involved; rather, it is the rule of the department to protect rights by enforcing the law and by maintaining order.
Strikes and mass picketing are not in themselves violations of the law. It is the illegal acts which sometimes arise from such activities which are the concern of the police. The effectiveness of the department in labor disputes hinges on remaining at all times impartial regarding the parties and issues involved and by taking appropriate action whenever criminal violations are observed or reported.
The department will maintain special liaison with management and labor officials to obtain information and to explain the department's policies and procedures in relation to labor disputes. By seeking the cooperation of the parties involved, tensions are reduced and self-discipline is encouraged.
[Redacted].
Procedures:
Local enforcement units have sole responsibility for policing labor disputes with two exceptions:
- A decision by the local unit to ask support from a neighboring municipality.
- An order from the governor to call out the National Guard.
Definitions:
- Strike: When the bargaining process between labor and management fails to achieve a satisfactory conclusion, the employees may choose to withhold their services.
- Lockout: When the bargaining process between labor and management fails to achieve a satisfactory conclusion, the employer may choose to prohibit the employee from entering the premises.
- Origin of strike situation: When sufficient personnel feel that changes are required in their working situation, a vote by a majority of the union members may call for a strike situation as a bargaining tool.
- Strike situation: Uncertainty is a part of any strike situation. The employees are unsure of their relationship to the employer; the employer is unsure of her/his relationship to the employee. The uncertainty increases when police appear -- who called them and why are they on the scene? Absolute neutrality is necessary if the police are to build and maintain credibility in this situation.
Case law on picketing:
- Picketing has much the same protection given to speech by the first and fourteenth amendments.
- Legal restrictions on picketing are valid when:
o Some other constitutional right is being compromised.
o If it can be shown that the objective of the picketing is contrary to a valid law.
- The constitutional protection afforded to picketing extends only to peaceful picketing.
- Picketing may not be used to:
o Force any employer to not use the goods of a non-union shop which the union is trying to organize.
o Force any employer to stop selling her/his goods to a non-union shop which the union is trying to organize.
o Force an employer to bargain with a certain union when another union has already been certified under National Labor Relations Board procedures.
o Force an employer to assign work to certain employees unless the employer is disregarding a National Labor Relations Board determining the jurisdiction over such work. (In other words, the National Labor Relations Act restricts picketing to further a secondary boycott or to further a jurisdictional dispute.)
Specific procedures:
- Policing of strikes is a patrol operations division function.
- It will be the responsibility of district senior commanders to see that necessary personnel are assigned to the strike scene and that orders are properly carried out.
- Officers on strike details are to remain aloof as far as possible from contact with both labor and management personnel. Any emergency or unusual happening is to be reported at once to the picket captain in charge who will take necessary corrective measures.
- Company facilities will not be used for relief. Nor will officers fraternize with company personnel. (Special police hired by the company can be considered as part of management).
- Telephones installed for pickets are not to be used by police officers.
- Peaceful picketing will be permitted; however, lawful orders by a police officer must be obeyed. Necessary contact with labor should be coordinated with the picket leader.
o If the person(s) are violating the law, the police officer will order them to desist.
o If persons refuse to comply with the police officers request or order and the fact situation necessitates an arrest, the following laws may be considered as basis for that action.
- The following information is to be added to any reports filed concerning a strike situation.
o Location of labor dispute.
o Name and address of firm.
o Kind of business.
o Reason for strike.
o Number and occupation of employees on strike.
o Number and occupation of employees working.
o Is trouble anticipated?
o Can district squad handle the strike without help?
o Hours of coverage.
o Name and address of union.
o Union affiliation.
o Name of management representative interviewed.
o Name of union representative interviewed.
o Nature of disorder.
o Shift change hours of employees.
Revised July 1, 2011