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.

Table of content

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

FAQs

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