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Picketing: Draft Code

15th November 1980
Page 61
Page 61, 15th November 1980 — Picketing: Draft Code
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Which of the following most accurately describes the problem?

by Douglas Ainley THE Draft Code of Practice stresses that the police are not there to judge the merits of any trade dispute. They have a duty to uphold the law and keep the peace, having wide discretionary powers "to take whatever measures may reasonably be considered necessary to ensure that picketing remains peaceful and orderly." Enforcement of the civil law or orders of the civil courts is not their responsibility and employers cannot ask police to identify unlawful pickets against whom they seek court orders. The Code urges picket organisers to consult with the police so as to agree on the number and location of pickets. Picket numbers The Code points to the real risk of violence and disorder when "excessive numbers" picket. "Mass picketing" is not seen as being picketing in its lawful sense, but "mass demonstration likely to cause a breach of the peace." Since the police have powers to disperse such assemblies this will be a further weapon against picketing.

But the most controversial recommendation to control picketing is that "the number of pickets at an entrance to a workplace should be limited to what is reasonably necessary to permit the peaceful persuasion of those entering and leaving the premises who are prepared to listen. As a general rule it will be rare for such a number to exceed six and frequently a smaller number will be sufficient." The Code emphasises that discretion remains in police hands, according to the particular circumstances but by introducing a magic figure (six) this discretion may have been curtailed.

Pickets who refuse to leave when requested by the police, face arrest for obstruction.

The Code's provisions here represent real inroads on the freedom to picket.

Organisation The Code outlines what is expected of picket organisers. They should preferably be experienced union officials, with letters of authority from their union, always available to ad

vise pickets. They should a sume responsibility for t} number and location of picket ensure pickets understand ar observe the law, and the "esse tial supplies" (see below) r quirements; provide identific tion for lawful pickets (badges I armbands); refuse assistan( from "outside" or "unlawfu pickets; and liaise closely wil the police and their unioi Where more than one union involved, unions should liaise e organising the picket. The Coc demands that" . . pickets mu respect the right of any inc vidual, including a trade unic member, to decide for himsE whether he will cross a pick. line" and provides that unic members who cross picket lint should not be subject to discip nary action or sanctions by the union.

Essential supplies New guidelines to safeguat "the movement of essenti. goods and supplies, the carryir out of essential maintenance plant and equipment and tf provision of services essential • the life of the community" a contained in the Code. Sul gested examples include mec cal supplies, heating fue supplies crucial to public heal' and safety, animal foodstuf and all emergency services.

Secondary action While the law allows worke to picket their own workplace support of a dispute betweE another employer and his er ployees, the civil law immunith as they relate to commerci contracts, are considerably re tricted. The Code makes cle. that indiscriminate seconda picketing is unlawful. To rema lawful, secondary picketin must be specifically targeted c the movement of goods and se vices (1) between their employi and the employer in dispute, ( (ii) where the pickets work for a associated employer, betweE the associated employer an another employer when th goods and services are in subst tution for those normal' handled by the employer i dispute.

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Organisations: The Code
People: Douglas Ainley

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