Picketing: Its Use and Abuse

• Published date: 01 November 1946
• DOI: 10.1177/000271624624800115
• Author: Herman Feldman,Harry P. Bell
• Date: 01 November 1946
• Subject Matter: Articles

Picketing: Its Use and Abuse
By HERMAN FELDMAN and HARRY P. BELL
THE country has long recognized the
Picketing is a historic function of la-
need and the right of labor to en-
bor and should be seen in its proper
gage in picketing. But in the past few
perspective, for much of the effective-
years citizens all over the land have
ness of labor organization has depended
been puzzled and troubled by some of
upon it.
Indeed, the magnificent con-
its manifestations. Though desiring to
tributions of unionism of the past cen-
keep out of labor disputes, believing
tury to workers and to society would
them likely to subside the more easily
not have been possible without the un-
and naturally without intervention, the
shackling of chains which custom and
public simply has not been able to ig-
law had forged around vigorous group
nore some of the purposes for which
action. It would be tragic if today new
picketing has recently been invoked
measures were to hamstring unions in
and some of the forms in which it has
their power for service, to curb free
been applied. For these purposes and
speech, or to bar dramatic demonstra-
methods are raising anew grave ques-
tion. But it would be equally unfortu-
tions, not merely of the rights of em-
nate if, through a social lag in ob-
ployers and of other workers but also
servation and thought, we failed to
of citizens generally.
consider some of the abuses with which
While strikes have been discussed ex-
picketing has come to be associated and
tensively in the general literature of la-
did not accept the need of establishing
bor relations, picketing, except in law
suitable norms for its exercise.
journals and legal treatises, has long
The present article is concerned only
been treated as a mere incident of labor
with these excesses. It reviews some of
disputes. Yet in recent years picketing
the original purposes of picketing, as
has deserved more attention as a social
compared with certain of its newer uses.
phenomenon and as an ethical problem.
It
t compares some of the customary
For picketing is marked by a strange,
methods of picketing with its recent
almost mystic potency. Its roots are
applications. It then examines the pres-
embedded in a past era when almost
ent regulation of picketing and the ex-
any activity of labor was in the social
tension of control which may be re-
interest and when solidarity was con-
quired.
sidered more important than discrimina-
PAST USES OF PICKETING
tion between the immediate right and
wrong. Hence a group calling itself a
Picketing, as old as the labor dispute
union need but post someone with a
itself, was associated with the earliest
placard at a given place, and a taboo
recorded labor cases in this country.
almost as withering as those of primi-
When newspapers were few and the
tive societies may begin at once to op-
space they gave to labor’s side was
erate.
Teamsters may refuse to de-
scant or biased, the men who marched
liver, employees to work, or cU6tomers
to and fro with printed signs served
to buy. Then, if the symbol somehow
several purposes. They informed the
fails to achieve this magic result, its
public that here was a dispute or an
sponsors may mass in the streets and
injustice.
They helped to maintain
bar entry to whom they will, creating a
group morale and to keep the plant
problem with which government itself
from operating. Most important, how-
sometimes cannot cope.
ever, was the obvious desire of the
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strikers to safeguard their jobs against
and by similar acts in several of the
those who might unknowingly apply for
states is an official poll to determine the
their places or those whom the em-
desires of the majority. But this wise
ployer, then unrestrained legally in his
and democratic solution is nullified
antiunion proclivities, might engage.
when some minority group, immediately
To prevent this they often used the
after the election, pickets to close the
picket line to threaten would-be &dquo;scabs&dquo;
plant and to force the employer to deal
and to intimidate the employer into ac-
with it.
William Green, president of
ceptance of their terms.
the American Federation of Labor, has
Picketing for such purposes, though
pointed out how some picket lines may
occasionally associated even with vio-
merely take advantage of workers’ loy-
lence, evoked wide sympathy from peo-
alty. In the April 1941 issue of The
ple who felt with oppressed labor and
American Federationist, he character-
feared that restrictions would merely
ized as a menace to the defense pro-
augment the power of an aggressive
gram &dquo;the strike by a minority group
capitalism. The attitude toward the
to gain control by strategy that has not
abuses of picketing thus had something
been earned on a basis of union mem-
of the flavor of subsidies to infant in-
bership.&dquo; 1
dustries, given on the premise that they
In such cases the National Labor Re-
required aid and support so that they
lations Board does not offer any relief.
would attain strength and maturity.
Some of the states, however, have ruled
Hence it came about that picketing by
against such picketing. In 1942 the
labor groups was successively relieved
New York Court of Appeals, by a 4-3
of various legal restraints and made an
vote, took the view that after the em-
easy and powerful weapon of labor.
ployer had signed a contract with the
With the extraordinary rise of union-
rival union duly certified by the State
ism in membership, vigor, and political
Labor Relations Board as representing
strength, it was to be expected that vari-
the majority of its employees, &dquo;any la-
ous groups would require time to be-
bor dispute within the provisions of the
come accustomed to the discipline of
New York State Labor Law ended.&dquo;
2
organization and to new laws. Thus,
In 1940 the Supreme Court in the State
while some organizations remained mind-
of Washington had held similarly in a
ful of their responsibility, others ex-
case of minority picketing against a
ploited their privileges and used them
closed-shop contract with a union certi-
unjustly. Hence a reconsideration of
fied by the NLRB.3 ’Under the Colo-
the legal status of picketing is a neces-
rado and Wisconsin labor relations acts,
sary precaution for the future.
This
refusal to accept the majority decision
may be seen best by reference to some
is declared unfair labor practice. The
of the questionable purposes and unde-
Case bill, which passed both houses of
sirable effects of picketing, even when
Congress a few months ago but was
conducted in a peaceful and orderly
vetoed by President Truman, made such
manner.
a strike illegal and punishable.
There have been proposals from
MINORITY
many
PICKETING
When a union maintains that it is the
1
Pp. 20-21.
2 Florsheim
choice of the workers in a plant, or
Shoe Co. v. Shoe Salesmen’s
when
Union, 288 N. Y. 188.
two or more groups contend for
3
Bloedel Donovan Lumber Mills v. Inter-
membership, the procedure established
national Woodworkers of America, 102 Pac.
by the National Labor Relations Act
(2d) 270.



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quarters for amendment of the NLRA
such &dquo;freedom&dquo; inimical to the larger
to include a list of unfair labor prac-
freedom of the majority? Would it
tices by labor groups. One of these
not be in the interest of the public that
prohibitions should make it an unfair
such confusing action be subject to
labor practice for a union to picket in-
some rules of orderly decision and fair
stead of petitioning for an election in
play?
order to establish its standing. If such
PICKETING BY NONEMPLOYEE GROUPS
a rule were adopted it would, of course,
be incumbent on the people to provide
Another purpose of picketing which
adequate staff and facilities to labor re-
is questioned is that directed against an
lations boards so that undue delay in
establishment for which there are no
holding elections would not play into
members of the union working. Once
the hands of employers. But some de-
such picketing had its place because
lay and some patience are always to be
unions were denied the opportunity to
expected in the administration of any
organize. Today no group is prevented
law.
from agitating its case, and, if it ob-
A second prohibition would make it
tains any showing of interest, it can
unfair labor practice for a union to
earn from the NLRB an official ballot-
picket a business after being rejected in
ing. What important social purpose,
such a poll. The right to solicit work-
then, is likely to be served by the
ers in the effort to change their alle-
picketing of a plant where none of the
giance still is available to the defeated
employees involved wishes to associate
group. Further, under NLRB
practice it
himself with the picketing group?
may after a reasonable period have an-
True, some situation may be im-
other chance to demonstrate that it has
agined in which that is the only way to
won the allegiance of the majority. But
reach the employees, but it is difficult
a minority group should not be per-
to think of a well-conducted union’s
mitted to force an employer to violate
finding it vital today to operate in that
existing law and to go counter to the
fashion. More likely, only some unat-
expressed wishes of the majority in or-
tached or irresponsible group will re-
der that he may avoid being punished
sort to this...