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Legal Definitions - secondary picketing

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Definition of secondary picketing

Secondary picketing refers to a labor protest where individuals or a union picket a business that is not their direct employer, but rather a separate, neutral company that has a business relationship with the primary employer involved in a labor dispute. The aim is to pressure this neutral third party to cease its dealings with the primary employer, thereby indirectly increasing pressure on the primary employer to resolve the dispute. In many jurisdictions, including the United States, secondary picketing is generally restricted or prohibited by labor laws because it targets an uninvolved business.

  • Example 1 (Retail Supply Chain): A union representing factory workers at "Alpha Apparel Manufacturing" goes on strike due to stalled contract negotiations. Instead of solely picketing Alpha Apparel's factory, the union also sets up picket lines outside "Trendy Threads," a large department store chain that exclusively sells clothing made by Alpha Apparel. The picketers hold signs urging customers not to shop at Trendy Threads because it does business with Alpha Apparel, hoping Trendy Threads will pressure Alpha Apparel to settle the strike.

    Explanation: This illustrates secondary picketing because the union's primary dispute is with Alpha Apparel Manufacturing, but they are picketing Trendy Threads, a neutral third-party retailer, to exert indirect pressure on their employer.

  • Example 2 (Construction Project): Plumbers working for "AquaFlow Plumbing Contractors" strike over a dispute regarding their health benefits. AquaFlow is a subcontractor on a major residential development project managed by "Grand View Developers Inc." The striking plumbers not only picket AquaFlow's main office but also set up picket lines at the entrance to the construction site, displaying signs that target Grand View Developers Inc. and urge other tradespeople and suppliers not to cross the line, even though Grand View Developers Inc. is not their direct employer.

    Explanation: Here, AquaFlow Plumbing Contractors is the primary employer. Grand View Developers Inc. is a neutral third party. The plumbers' picketing of the construction site, targeting Grand View Developers Inc. to disrupt the overall project, constitutes secondary picketing.

  • Example 3 (Logistics and Transportation): Drivers for "Rapid Transit Logistics" are on strike over working conditions. Rapid Transit Logistics primarily transports goods for "Global Groceries Corp." In addition to picketing Rapid Transit's depots, the striking drivers follow Rapid Transit trucks to Global Groceries Corp.'s distribution centers and picket those locations, urging Global Groceries Corp. to find another delivery service until Rapid Transit resolves the strike.

    Explanation: The primary labor dispute is between the drivers and Rapid Transit Logistics. Global Groceries Corp. is a neutral business. By picketing Global Groceries Corp.'s facilities to pressure them to stop using Rapid Transit, the drivers are engaging in secondary picketing.

Simple Definition

Secondary picketing occurs when a union pickets an employer who is not directly involved in the primary labor dispute. The aim is to pressure this neutral, "secondary" employer to cease doing business with the "primary" employer, thereby indirectly influencing the primary dispute. This type of picketing is often restricted or prohibited by labor laws.

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