The National Labor Relations Board (NLRB) and the courts have so far declared bannering alone to be usually legal.
“Confrontational” bannering against neutral parties, combined with other tactics, has been successfully challenged in court.
[Maury may want to expand this section. What is appropriate to cover here?]
Legal Tips
Consult a labor attorney. Union bannering and other forms of protest are a fluid area of labor law and missteps can have significant consequences for a business. Many ABC chapters allow one free consultation with the chapter labor attorney as a benefit to members.
Notify the police and consider increased security. Know your property rights and enforce no trespassing zones. Local law enforcement can play a key role here.
Notify senior management when the banner is placed and maintain incident reports/logs of all union activity.
Create special entrances and/or work times for picketed contractor employees (“reserved gates”) [APPROPRIATE TO INCLUDE?]
Be careful with cameras. Some filming of union activities could be interpreted as an unfair labor practice.
Consider legal action against the union when appropriate. Contactors can file NLRB charges against illegal activity and sue in court if there is proof of slander, boycott damages, or RICO violations. This is another reason it is important to consult a labor attorney.
