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UAW Threatens Activity At Toyota Dealerships
By Millisor + Nobil Co., LPA
New UAW president Bob King announced last week that the Union would picket Toyota dealers in order to pressure Toyota Motor Corp. to buckle under to UAW organizing efforts. Similar pressure tactics may be used against Honda, Hyundai, Kia and VW.
UAW picketing of auto dealers is not likely to be sustained. It may be limited to a one-day event aimed principally at generating media coverage. The dealer’s first concern should be maintaining ingress to and egress from the dealership for customers, employees and deliveries. Ohio’s disorderly conduct statute (R.C. §2917.11(A)(4)) makes it a crime to cause inconvenience by:
(4) Hindering or preventing the movement of persons on a public street, road, highway, or right-of-way, or to, from, within, or upon public or private property, so as to interfere with the rights of others, and by any act that serves no lawful and reasonable purpose of the offender.
Most cities have a similar ordinance. Each dealer should obtain copies of their community’s statute or ordinance and visit with the local police chief or sheriff to work out the logistics of summoning law enforcement assistance to maintain ingress and egress. It may be prudent to employ an off-duty police officer or sheriff’s deputy if available.
Having a video camera ready to record misconduct (such as blocking ingress) is a good idea. Videotaping peaceful picketing can violate federal labor laws but it is both lawful and advisable to videotape misconduct.
Picketing which occurs in the public right-of-way is lawful but picketing on the dealer’s property can constitute a trespass. Be sure to know your property boundaries, check your local ordinances as to any required signage and request police assistance to move any trespassing pickets to the public right-of-way.
If possible, get a copy of any handbills being distributed and a photo of the verbiage on any picket signs. Maintain a record of any deliveries or employees who are turned away. Such information is essential to determine whether the Union is violating the secondary boycott provisions of federal law.
If you experience picketing, please call Sara Bruce or Charlie Howard at OADA at 800-686-9100, or contact Steve Nobil or Melanie Webber directly at Millisor + Nobil (800-800-8806).
