Strikes and Labor Disputes

Policy & Procedures                 No. 7.02
                                    Subject:
                Labor Disputes

                                    Issuing Authority:                                      Effective Date:  Review Date:
                     Chief of Police                      10/13/2010  09/11/2013
                                                                                      References:

 Revision
 &             01/01/2014
 Reissued
 Dates:

CALEA STANDARDS
46.1.3
46.1.7
22.3.4

             GENERAL CONSIDERATIONS AND GUIDELINES

The police role at the scene of any labor-management conflict is to enforce the law and to protect
life and property. The key to effective police action in these circumstances is to be completely
fair and objective in the performance of their duties. It is not the function of the police to
determine which side is right or wrong or to take any personal or official positions either way.
Police officers should never permit themselves to be placed in any position that might have the
appearance of favoring one side or the other.

Labor disputes usually represent legitimate differences of opinion on the part of both
management and employees. These differences may have existed for a long time and the final
decision to strike may create a very tense and emotional situation, which can test the competency
and effectiveness of the police to the utmost. If labor violence erupts, the police cannot ignore
the duty to restore order but, in doing so, they cannot use unnecessary force on otherwise law-
abiding citizens.

It should be noted that both sides in a labor dispute have definite rights and responsibilities. The
strikers have a right to assemble and to picket peacefully to publicize and dramatize their cause.
They do not have the right to intimidate non-strikers or to impede persons or vehicles from
entering or leaving the employer’s property. Management has a right to keep his business open
and to have his property safeguarded from damage or destruction.

It is the task of the police to protect the rights of both sides and this can become increasingly
difficult when a strike becomes protracted. In such cases, the police must remain tolerant and
patient but never be reluctant to take decisive action when the need arises.

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Arrests at strike scenes should be avoided except for flagrant violations requiring immediate
attention. Only sufficient force shall be used to effect such arrests and remove the offenders from
the scene as quickly as possible to avoid an emotional reaction by fellow strikers. Whenever
possible, it is preferable to obtain sufficient information for a summons. An important factor in
avoiding disorder and the subsequent necessity for making arrests is to be established early
contact with the strike leaders and company officials. Cooperation should be sought, pointing out
the police responsibility in the controversy and the obligation to maintain public safety and good
order.

                                      6.2 PROCEDURES

6.2.1 Whenever the police department is notified of the existence of a strike or labor dispute, the
following information will be obtained for Department purposes:

         a.      the name, business address and telephone number of the employer;
        b.      the name, address and telephone number of the union concerned;
         c.      the kind/type of business involved;
        d.      the reason for the dispute;
         e.      the date the strike was declared;
           f.      the approximate number of employees involved;
        g.     any trouble that might be anticipated;
        h.     any additional information that could be of assistance to the police department in
               carrying out its responsibilities.

6.2.2 As soon as possible, the Chief of Police or his representative will meet with the employer
and the union officials to ensure that there will be no unlawful activity by any of the contending
parties. Both sides in the dispute will be notified:

a.      that the use of force or violence will not be permitted;
b.      that the law will be enforced fairly and impartially;
c.      that any unlawful or disorderly act or acts that might provoke violence will be prevented.
d.      that the rights of the general public to use the public streets and sidewalks will be
       maintained;
e.      that the rights of the striking employees to conduct orderly picketing in public areas will
      be protected;
f.       that the striking employees will be permitted to:

        1.      peacefully persuade those still employed to join the strike;
        2.      peacefully persuade those considering employment not to do so and
        3.     inform potential customers and the general public about the labor dispute and the
              reasons for their action.

6.2.3       When a strike develops and a picket line is established, it shall be the obligation
               of the Officer in Charge at the scene to make contact with the union leader
               supervising the picket line and seek his cooperation. Picket leaders are usually
               responsible persons selected for their leadership ability. Good relations between
               the police and the strikers can ease the problems of law enforcement.

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6.2.4            If an incident arises or it is apparent that a potentially dangerous situation is
                arising, it should be called to the attention of the picket leader immediately and he
              should be encouraged to handle the problem immediately. In many cases, this will
               eliminate the need for intervention by the police.

6.2.5          Police officers shall avoid any fraternization with pickets, union leaders or
            management officials.

6.2.6          Police officers shall avoid any unnecessary conversation with known friends or
              acquaintances who may be in the picket line or associated with management.

6.2.7          Police officers shall not enter company property except to perform a proper police
              purpose. They shall not park department or personal vehicles on company
              property or use any company facilities or telephones nor those of the union, unless
               absolutely necessary.

6.2.8          Police officers shall not fraternize with company security guards or with non-
                striking personnel.

6.2.9          Police officers shall not use any company cafeteria and shall not accept invitations
                to eat either with union or management personnel.

6.2.10         Police officers shall ensure that all persons who wish to, have the opportunity to
               enter and leave company premises peacefully.

6.2.11           If the picket line closes to prevent such entrance, the picket leader will be
              requested to open the line to provide free access to the company property. If the
               picket leader fails to comply with this request or the pickets do not respond to his
               orders the officers shall open the line to facilitate the movement of persons and
                vehicles. When it is necessary to open picket lines, officers shall face the pickets
                rather than the persons or vehicles entering the company property in order to
              observe the actions of the pickets and prevent physical injury or property damage.

6.2.12        Trucks entering or leaving the property present special problems. Pickets have the
                right to present their case to the driver and shall be allowed a reasonable time for
                 this purpose. If the driver requests advice from the police, he/she shall be advised
                to make a personal decision. If possible, this should be done in the presence of the
               picket leader and within earshot of the pickets. Under no circumstances shall the
               police advise a truck driver to enter or leave the company property.

6.2.13         Police officers are assigned to duty at the scene of a labor dispute for the specific
             purpose of protecting public safety and maintaining peace and good order. In
               carrying out these sensitive duties, they must conduct themselves at all times in a
               professional manner and never, by word or act, create any doubt of police
                neutrality in the controversy.

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6.2.14      To avoid creating the impression that police are encouraging or forcing persons in
               vehicles to enter the premises, officers on traffic duty should avoid signaling
               drivers to turn into the property. An alternative is to signal traffic only to proceed
              along the public way and to stop such traffic when a driver signals his intention to
               turn into the premises, across such traffic.

6.2.15        This policy should be carried out consistently in conjunction with all other
               relevant Canton Police Department policies.

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