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  • Criminal prosecutions are not a common incident in industrial disputes. Nevertheless, it cannot be denied that there exists a range of criminal sanctions that can be and sometimes are used to punish picketers who get out of line. Peaceful, informational picketing is a protected right, but the criminal law is ready to step in if picketing is too loud, too pushy, untimely, or in the wrong place, or if there are simply too many picketers. Criminal sanctions thus act as an important state instrument in regulating industrial conflict. It is suggested that the use of criminal law to restrain picketing is inappropriate and incongruous with the stated aims of the industrial relations regime. Among the underlying goals of this regime is the fostering of successful collective bargaining through promoting equality of bargaining power and recognizing that the employment relationship is an ongoing one. Criminal prosecutions skew the odds in a strike in favor of the employer.

Last update from database: 10/2/24, 4:10 AM (UTC)

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