Can I refuse to cross a picket line?

Can I refuse to cross a picket line?

Where picketing takes place, employees not directly involved in the industrial action may refuse to cross picket lines. Such employees can normally be regarded as being on strike and treated accordingly. However, the pickets themselves must be in dispute with their own employer.

Can I be disciplined for not crossing a picket line?

1.3. In no circumstances does a picket have power to require other people to stop, or to compel them to listen or to do what the picket asks them to do. A person who decides to cross a picket line must be allowed to do so. It is unlawful for a union to discipline a member for crossing a picket line.

What happens if a union member refuses to strike?

The Union constitution provides for fines and/or assessments to be levied against any union member that either crosses the picket line or refuses to take part in strike activities. Crossing the picket line or failure to participate in the strike will result in loss of union seniority.

What are the consequences of crossing a picket line?

Crossing or not crossing a picket line can be a highly personal decision for an employee. Crossing the line can result in harassment from picketing co-workers and, in some cases, threats of violence. But honoring the picket line can leave employees feeling vulnerable about financial and job security.

What is unlawful picketing?

action that prevents or restricts a person from accessing or leaving a building site or ancillary site.

Which things may employees not do during a picket?

A person who takes part in a picket protected in terms of the Act does not commit a delict or a breach of contract. This means that the employer may not sue a person or a union for damages caused by a picket. 2. The employer may not take disciplinary action against an employee for participating in a lawful picket.

Can you be fired while on strike?

Under federal law, you cannot be fired for participating in a protected strike or picketing against your employer. You can be lawfully fired for participating in an unprotected strike. When a protected strike ends, you are entitled to return to work.

What do you call someone who crosses a picket line?

The term “scab” is a highly derogatory and “fighting word” most frequently used to refer to people who continue to work when trade unionists go on strike action. This is also known as crossing the picket line and can result in their being shunned or assaulted. However, “scab” was an old-fashioned English insult.

Is picketing industrial action?

A picket line can be a legitimate part of industrial action to inform staff, students, passers-by and visitors of the existence of an industrial dispute.

Can I be fired for picketing?

Under federal law, you cannot be fired for participating in a protected strike or picketing against your employer. Your right to reinstatement may be lost if you have engaged in violence or other serious misconduct in connection with your strike or picketing activities.

What happens if an employee refuses to cross a picket line?

The National Labor Relations Act (NLRA) shields nonunion, nonsupervisory employees’ decision to honor a picket line as protected concerted activity. Any discipline for an employee’s refusal to cross a picket line will be deemed a violation of the NLRA and an unfair labor practice, noted James Hays, an attorney with Sheppard Mullin in New York City.

What happens if you honor a picket line?

But honoring the picket line can leave employees feeling vulnerable about financial and job security. The National Labor Relations Act (NLRA) shields nonunion, nonsupervisory employees’ decision to honor a picket line as protected concerted activity.

What does the NLRA say about a picket line?

The National Labor Relations Act (NLRA) shields nonunion, nonsupervisory employees’ decision to honor a picket line as protected concerted activity. Any discipline for an employee’s refusal to cross a picket line will be deemed a violation of the NLRA and an unfair labor practice,…

How much does a Union charge for crossing a picket line?

However, for those three, the union informed them that they would be “brought up on charges” for crossing the picket line. The union then held a hearing and issued fines to the three union members of $15,564, $11,938 and $21,558, respectively, based on 60\% of the wages earned after crossing the picket line.