Strike - Unlawful Tactics

Picketing can be regulated by statute because of the potential for violence inherent in this activity. Mass picketing is unlawful under federal law because large unruly crowds could be used for the purpose of intimidation. Employees are entitled to picket in small numbers outside the employer's facilities, but they cannot block entrances or demonstrate in front of an employer's home. Picketing is lawful when it is used to inform the public, the employer, or other workers about the dispute. However, it cannot be used to threaten people or to provoke violence.

A strike is generally lawful if it is peaceful. A strike is never a legal excuse for violence, and acts of physical violence and damage to property will be viewed as criminal acts. Employers who use violence against strikers are subject to the same penalties.

A union or an employer can be fined or adjudged guilty of an unfair labor practice and ordered to cease and desist when violent actions occur. An INJUNCTION from a state court can stop the strike or picketing. Because no labor disputes can proceed without minor problems, an isolated minor incident, such as name-calling or a shove, does not end the right to strike.