LABR 2P03 Lecture Notes - Lecture 12: Collective Bargaining, Picketing, Nackawic
5 Dec 2015
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Went so far to say secondary picketing is illegal. Pepsi-cola canada beverages (west) ltd. v. retail, wholesale and. Balancing of free speech/expression vs. protection of innocent third parties from undue harm in secondary picketing situations. Does not protect third parties from all harm but rather undue harm . 3 choices suggested: hersees illegal per se doctrine. All picketing permitted unless it is tortious or criminal: modified hersees rule banned except for allied enterprise, wrongful action model. But note paragraph 103 for picketing conduct caught by the new rule/law regarding secondary picketing. Reasonable efforts to obtain police assistance to prevent property damage, personal injury, obstruction with lawful entry or exit, or breach of peace have been unsuccessful. Must give union notice (usually 2 days" notice) Need to set out that police efforts have failed. Statutory duty to determine if it is a strike or lockout.
