Understanding Common-Situs Picketing: Legal Insights and Implications

Definition & Meaning

Common-situs picketing refers to the practice where union workers protest at a construction site that involves multiple subcontractors, primarily due to a grievance against one specific subcontractor. This type of picketing is generally considered illegal unless it meets specific criteria set by the National Labor Relations Board (NLRB). The NLRB allows common-situs picketing under certain conditions, especially regarding the use of separate entrances for workers from different unions.

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Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) A union representing electricians may conduct common-situs picketing at a construction site where multiple subcontractors are working. If the electricians have a separate entrance, they can picket without interfering with the work of other trades, such as plumbers or carpenters, who are not involved in the grievance.

State-by-state differences

Examples of state differences (not exhaustive):

State Legal Stance on Common-Situs Picketing
California Generally allows common-situs picketing with specific regulations.
New York Permits common-situs picketing but has strict guidelines to follow.
Texas Common-situs picketing is often restricted; legal advice is recommended.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Differences
Secondary Boycott Picketing or striking against a business to influence another business. Common-situs picketing targets a specific subcontractor and does not affect other employers.
Primary Picketing Picketing against an employer with whom the union has a direct dispute. Common-situs picketing occurs at a site with multiple employers, focusing on one subcontractor.

What to do if this term applies to you

If you are involved in a situation where common-situs picketing is occurring, consider the following steps:

  • Review the specific grievances and ensure they are directed at the correct subcontractor.
  • Consult with a labor attorney to understand your rights and obligations regarding picketing.
  • Explore US Legal Forms for templates that may assist you in drafting legal documents related to labor disputes.
  • If the situation is complex, seek professional legal advice to navigate potential issues.

Quick facts

  • Typical Fees: Varies by legal representation.
  • Jurisdiction: Labor law, applicable at both federal and state levels.
  • Possible Penalties: Legal action against unlawful picketing may result in fines or injunctions.

Key takeaways

Frequently asked questions

It can be legal if it follows NLRB guidelines and does not interfere with other workers.