NY court: Union drumming not protected expression
Another union-busting ruling...
A New York court has ruled that drumming does not constitute a legitimate weapon of self-help for trade unionists:
ALBANY, N.Y. - A divided New York Court of Appeals ruled Monday that union members drumming outside the Empire State
Building in efforts to organize the building's security guards are not protected by federal labor law and are subject to nuisance complaints.
In a 4-2 decision, the court ruled that the unionists could hand out leaflets, which the National Labor Relations Board concluded was their federally protected right, but that doesn't automatically include drumming on a plastic container, metal pot or tin can.
"It cannot be said that Congress ... intended to pre-empt states from protecting its citizens from obnoxious conduct," Judge Eugene Pigott Jr. wrote for the majority. "The drumming in this instance does not constitute an 'economic weapon' or 'self-help' remedy akin to, for example, the employee walkout ... or a lockout by an employer." [AP]
Where does this leave the Strike Rat?