Section 51 Trespass

• Library: Employer-Employee Law 2008

As Sears, Roebuck & Co. v. San Diego County District Council of Carpenters, 436 U.S. 180 (1978), indicates, an employer may sue to prevent trespassory picketing, subject to preemption of the matter by the filing of an appropriate charge with the National Labor Relations Board (NLRB). To avoid a claim that such a suit is preempted, it is critical that the employer demand that the trespass be discontinued before initiating court action. The filing of a lawsuit itself, unless lacking any reasonable basis in fact or law, is not an unfair labor...