Security officers are employed during labor strikes to maintain peace and protect the assets of the owners of the business whose employees are not working due to a “lockout” or strike called by the workers. Feelings usually run high and emotions will often lead to disorder, especially if replacement workers are being escorted across picket lines or if product is being shipped out. Security officers, although working for management, want to avoid obviously taking sides in an issue; rather, they should function to keep the peace. However, all security officers must remember by whom they are employed and what their clients’ expectations are.
In 1935, after many years of violent work stoppages in the nation’s coal fields, railroads, and automotive factories, U.S. Congress passed the National Labor Relations Act. This law, also referred to as the Wagner Act, gave workers the right to representation and described specific management practices that were unfair. In 1947, the Taft–Hartley Act, also called the Labor Management Relations Act, amended the earlier 1935 law and identified unfair labor practices that could not be engaged in by unions.
For security personnel, the most important areas of consideration to be familiar with are those actions that could be considered unfair. If security personnel were to engage in any behavior judged to be an unfair labor practice, the company employing these security officers could be cited and fined.
All unions will have some sort of contract with the company that employs the workers. The contract will usually cover a wide variety of subject areas including wages, benefits, work rules, and discipline.
Whenever a disagreement occurs between the union and the company over interpretation of the contract, the two sides normally arrange a series of meetings to discuss the dispute. This is normally considered part of a grievance hearing.
Unfair labor practices—unreasonable conduct
If the actions of a security officer are considered to be unreasonable, such as searching the locker or vehicle of an employee when a policy or practice concerning searches has never been addressed, a charge may be made by the union representing the employee. The actions and behaviors of security officers must always be judged to be reasonable. Provided the security officer’s actions are judged to have been consistent with existing policies, procedures, or past practice, a claim of unreasonable conduct will probably not be substantiated.
Statements made by employees
Security personnel are not required to advise a suspect of their constitutional rights before questioning. Provided statements given to security personnel by employees were given voluntarily, without any threats or promises, these statements would be admissible in a discipline hearing.
Search and seizure
Employees in the workplace may be afforded some basic rights to privacy that are considered reasonable. Areas such as lockers, desks, vehicles, etc., may fall under this category. Some companies inform their employees at the time of hiring that desks, lockers, vehicles, etc., are subject to search at the company’s discretion.
Surveillance
Surveillances are often a very effective tool used by all security investigators. However, if a covert or hidden surveillance of a restroom was initiated by security personnel, in all likelihood any evidence uncovered as a result of the covert surveillance would be dismissed by arbitrators. Most arbitrators would consider surveillance of this type extremely offensive and an invasion of an employee’s right to privacy.
Union representation during investigative interviews
Courts have generally ruled that there is a right under the National Labor Relations Act for an employee to have union representation during a management interview of a union member when there is the likelihood that discipline to the employee will result. The case that is generally regarded as the cornerstone of this right is called the Weingarten decision. In the Weingarten case, the Court rules that when an employee is being interviewed and he/she believes that the information discussed during the interview may lead to discipline, up to and including termination, the employee has the right to request that a union representative be present during the interview. An employer must grant the union representation if requested but is under no duty to discuss the matter or bargain with the union representative.
Strikes
Security personnel will be relied upon a great deal in a strike situation in order to maintain order and protect company property. Because of the serious impact of strikes on the public, courts have ruled that strikes are to be regulated by law. Laws pertaining to strikes are far from settled. New laws continue to shape strike behavior on the part of management and labor.
Under the law, strikes fall into three major categories: economic strikes, unfair labor practice strikes, and illegal or unprotected strikes. The rights of both labor and management depend on the kind of strike involved.
An economic strike is over wages, hours, or working conditions. Economic strikers may be permanently replaced by replacement workers, which occurred during the air traffic controllers’ strike in 1980. President Ronald Reagan ordered all of the striking air traffic controllers to return to work or risk being permanently fired. The union representing the striking controllers decided to remain on strike. The controllers who refused to return to work were subsequently fired. Many labor law experts believe the air traffic controllers’ strike in 1980 changed the way management deals with economic strikes.
An unfair labor practice strike is one that is caused by just that. These strikers are entitled to reinstatement, even though it may be necessary to discharge the replacement workers.
A strike in violation of a nonstrike clause in the agreement has been held to be an unprotected activity, which is prohibited by law, and such strikers may be discharged or otherwise disciplined.
Employer’s rights during strikes
An employer may not discharge employees for planning a strike. Once a strike has begun, management may use every legal means to break the strike. The company operation can be maintained by hiring replacement workers or by having supervisors perform the work. Protection and security is often given to those employees who continue to work.
Role of security during a strike
Security personnel will be relied on extensively during a strike to protect the facility and the employees who continue to work. During most strikes, security personnel will be permitted to cross the picket lines by striking workers without a great deal of threats or intimidations from strikers. However, if the strike is an extremely bitter one where emotions are high on both sides, security personnel may also be targets for violence.
Security personnel must demonstrate great restraint and discipline during a strike. Responding to verbal threats will serve only to heighten tension and may be the cause of physical violence. When crossing picket lines, security personnel should not demonstrate an aggressive or cocky attitude. An attitude displaying patience, restraint, and calmness will serve the security officer well and will probably allow security personnel to cross the picket line.
Security personnel must remember that while they may need to display an outward attitude and demeanor of being objective during a strike, management has hired security and pays their wages. Security personnel are to enforce and carry out the legal duties and responsibilities assigned to them during a strike. Remember, eventually strikes will end, and workers usually return to work.