Resolution in Opposition to Violence in Labor Disputes
WHEREAS, the National Labor Relations Board (NLRB) and the courts have generally held that federal labor laws do not preempt local laws with respect to tortious and criminal conduct by union members; and
WHEREAS, the NLRB generally does not protect employees who engage in such conduct; and
WHEREAS, some cases have been vague as to what constitutes protected union conduct, with the NLRB observing in one case that “the emotional tension of a strike almost inevitably gives rise to a certain amount of disorder and … conduct on a picket line cannot be expected to approach the etiquette of the drawing room or breakfast table;” and
WHEREAS, many court decisions on the state and federal level have created vague standards with respect to the applicability of criminal laws to union violence; and
WHEREAS, union officials should not be immune from prosecution under federal, state and local law for violence committed in furtherance of union objectives; and
WHEREAS, disputes arising in the labor-management arena are best resolved through open discussion of ideas, and never through senseless violence directed at persons or property; and
WHEREAS, the use of violence is ultimately detrimental to all parties involved, often creating permanent animosities that forever color the working environment and lower productivity;
NOW THEREFORE BE IT RESOLVED, that the State/Commonwealth of (insert state) affirms the principle that violence in labor disputes is contrary to good public policy and urges governments at all levels to enforce current mechanisms and pass further legislation to deter such violence.
Approved by ALEC Board of Directors on June 2007.
Reapproved by ALEC Board of Directors on January 28, 2013.
Reapproved by ALEC Board of Directors on November 16, 2017.