HomeMy WebLinkAbout0029 - OFFICER RESPONSE TO LABOR DISPUTESRed Wing Police Department
Policy
SUBJECT:
POLICY NUMBER
OFFICER RESPONSE TO LABOR DISPUTES
29
EFFECTIVE DATE
A ril 4, 2008
REFERENCE(S):
APPROVED BY:
CHIEF ROGER D.
POHLMAN
PURPOSE: It is the purpose of this policy to define the proper role of this agency in
dealing with labor disputes, to provide guidance to protect the rights of both
labor and management and to safeguard life and property.
POLICY: Parties involved in a labor dispute have rights as well as responsibilities.
Strikers may assemble and demonstrate peacefully to bring attention to their
cause, but they do not have the right to intimidate non -strikers or to impede
business operations. The employer has a right to keep the business open
and operational, free from interference, intimidation, damage, or destruction.
Within this context, it is the policy of this law enforcement agency that officers
assigned to labor disputes shall deal fairly and impartially with all parties
involved with reasonable consideration of the emotional environment
involved in these events. Officers shall uphold their sworn responsibilities to
protect life and property and protect the rights of all parties involved.
1. DEFINITIONS
A. LABOR DISPUTE: For the purposes of this Policy a Labor Dispute
"...includes any controversy concerning terms or conditions of employment, or
concerning association or representation of person in negotiating, fixing,
maintaining, changing, or seeking to arrange terms or conditions of
employment, regardless of whether or not the disputants stand in the
proximate relation of employer and employee" (Minnesota Statute 185.18,
Subd. 4)
B. STRIKE: "The temporary stoppage of work by the concerted action of two or
more employees as a result of a labor dispute." (Minnesota Statute 179.01
Subd. 8)
C. UNFAIR LABOR PRACTICE: Any unfair labor practice as defined in
Minnesota Statutes 179.11 and 179.12.
D. STRIKE CAPTAIN: For the purposes of this policy shall be any person
present at the site of picketing or a demonstration who has direct authority
over the actions of persons involved in picketing or demonstrations
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connected to a labor dispute.
E. MANAGEMENT PERSONNEL: For the purposes of this policy shall be any
person representing an employer who is the target of a labor dispute and
who has direct authority to act on behalf of the employer.
F. OFFICER -IN -CHARGE (OIC): Shall be the senior -most law enforcement
officer assigned to the labor dispute, generally a Sergeant, who is
responsible for supervision of officers assigned to the labor dispute.
2. PROCEDURES
A. Command Authority
1. Operational control of officers assigned to a labor dispute is the
responsibility of the Chief of Police or their designee.
2. The Officer -in -Charge of a labor dispute shall contact the company
and labor unions involved in order to:
a. Inform them that this agency is aware of the labor dispute and
to advise them of this agency's policy relating to the
enforcement of law and protection of personal and corporate
rights;
b. Emphasize to the union the importance of a peaceful
demonstration, that their rights to legally assemble and protest
will not be interfered with so long as it does not interfere with
the legal rights of the company to transact business, and
C. State the agency's position on warning and arresting
demonstrators and the need to maintain communications at all
times between police personnel and strike leaders.
3. If an insufficient number of officers are available to man the labor
dispute detail, permission may be sought from the Chief of Police to
request assistance under the agency's mutual aid agreements.
4. In determining manpower and equipment needs, the OIC shall
consider:
a. The number of pickets, their attitude and organization;
b. The number of non -strikers, anti -strikers, and bystanders;
C. Whether the striking company will attempt to remain open and
whether non -striking employees will attempt to enter the
premises; and
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d. The cooperation of all parties to the strike.
B. Duties and Responsibilities of Assigned Personnel
1. General duties and responsibilities of officers assigned to a labor
dispute are:
a. Protection of life and prevention of personal injury;
b. Protection of statutory and constitutional rights of all parties
involved;
C. Protection of personal and public property; and
d. Maintenance of the public peace.
2. Officers are prohibited from socializing or engaging in any
unnecessary conversation with pickets, management personnel or
bystanders.
3. Officers shall not enter company property except as necessary to
conduct police business. They shall not park police vehicles on the
property of or use the facilities or services of labor or management
unless absolutely necessary.
4. Arrests for minor law violations should be kept to a minimum, and
efforts to control such conduct should be made through conversations
with strike captains, union officials, or management personnel.
5. Officers shall attempt to verify unlawful acts not committed in their
presence. Appropriate personnel should be warned that recurrence of
such acts may result in arrest. Arrests should be made hereafter
where probable cause exists.
6. Verbal abuse against officers, unaccompanied by threats, should not
be the sole reason for arrests. Language that incites violence or other
unlawful acts should form the basis for physical removal.
7. Persons committing unlawful acts of a substantive nature or those who
persist in committing unlawful acts in the presence of an officer shall
be subject to arrest. Decisions on making arrests should include:
a. The availability of adequate numbers of suitably equipped
officers to provide backup; and
b. The seriousness of the offense relative to the potential
negative effects it may have as an incitement to violence or
other unlawful behavior.
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C. Operation of Picket Lines
Strikers have the right to peacefully picket and to persuade others to
honor their picket line as long as their activities do not violate statutes
such as trespass, disturbance of the peace or disorderly conduct,
among others. As such, officers have the obligation to protect those
persons engaged in such activity.
2. Non -striking employees, customers and members of the public have a
right to enter or leave the site of the strike.
3. Officers shall take all reasonable measures to protect the rights of the
above parties. Attempts by either labor or management personnel to
prevent the free exercise of these rights will first be brought to the
attention of the appropriate strike captain or management supervisor.
Failure of these individuals to assist in taking corrective action will
warrant police intervention in accordance with provisions of section B
of this policy.
4. Officers shall advise persons attempting to cross picket lines of the
possible danger involved; if appropriate, attempt to dissuade them of
such action and, advise them that they must follow police instructions
if they choose to cross.
a. Vehicular traffic shall be provided with access through picket
lines after having been given appropriate warnings as stated in
item 4 of this section. The volume, rate of passage and speed
of vehicles crossing picket lines shall be determined by the
OIC.
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