Section 55 Adams Dairy (1956)Picketing Unrelated to a Labor Dispute or for an Unlawful Purpose

• Library: Emp-Emp Law 2000

Picketing for an unlawful purpose is unprotected by the First Amendment and may, unless otherwise preempted, be appropriately enjoined in state court. San Diego Bldg. Trades Council v. Garmon, 359 U.S. 236 (1959). Most disputes between unions and employers involve disagreements over wages, hours, and other terms and conditions of employment and are correctly described as “labor disputes.” Unions are free to use their economic weapons, including picketing, to win concessions over such matters. But when concerted activity is used for no purpose other than to inflict financial harm on an employer, an injunction against the conduct may appropriately be obtained.

In Adams Dairy v. Burke, 293 S.W.2d 281 (Mo. 1956), the employer brought suit against a local dairy...