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Pickets (Right to strike)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:1015 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320061015 Pickets 648. The action of pickets organized in accordance with the law should not be subject to interference by the public authorities. (See the 1996 Digest, para. 583.) 649. The prohibition of strike pickets is justified only if the strike ceases to be peaceful.(See the 1996 Digest, para. 584.) 650. The Committee has considered legitimate a legal provision that prohibited pickets from disturbing public order and threatening workers who continued work.(See the 1996 Digest, para. 585; and 320th Report, Case No. 1963, para. 232.) 651. Taking part in picketing and firmly but peacefully inciting other workers to keep away from their workplace cannot be considered unlawful. The case is different, however, when picketing is accompanied by violence or coercion of nonstrikers in an attempt to interfere with their freedom to work; such acts constitute criminal offences in many countries.(See the 1996 Digest, para. 586; and, for example, 299th Report, Case No. 1640/1646, para. 152, and Case No. 1687, para. 456; 304th Report, Case No. 1851, para. 282; 305th Report, Case No. 1879, para. 204; 306th Report, Case No. 1865, para. 337; 307th Report, Case No. 1863, para. 344; 310th Report, Case No. 1931, para. 496; 314th Report, Case No. 1787, para. 33; 316th Report, Case No. 2000, para. 638; and 320th Report, Case No. 1963, para. 232.) 652. The exercise of the right to strike should respect the freedom to work of non-strikers, as established by the legislation, as well as the right of the management to enter the premises of the enterprise.(See 300th Report, Case No. 1811/1816, para. 307.) 653. The requirement that strike pickets can only be set up near an enterprise does not infringe the principles of freedom of association.(See the 1996 Digest, para. 587.) |
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