PICKETING
| IRELAND |
| PICKETING |
Picketing consists of a demonstration, usually at or near a place of work, which declares the existence of an industrial dispute and, usually, seeks to persuade employees not to work. Under the common law it amounts to the tort of "watching and besetting" and picketing can thus lead to legal action against the picketers.
Under section 11 of the Industrial Relations Act 1990 picketing is declared "lawful" if undertaken in contemplation or furtherance of a trade dispute, if it is at or near a place where the picketers' employer (or another employer who has attempted to "frustrate" the strike ) works or carries on business, and if it has the purpose of peacefully communicating information or of persuading persons to work or not to work. In other words, so-called "consumer picketing" (designed to persuade persons not to deal with, or make purchases from, or enter into business with the employer in question) is not protected, and equally the commission of other torts such as trespass, nuisance, and so forth are not protected.
The Irish Congress of Trade Unions further has rules about the conduct of picketing, contained in its picketing policy. Under these rules a picket by one trade union should be observed by members of that union only, unless the ICTU has called an "allout" strike at the request of that union. See industrial action , picketing policy of the Irish Congress of Trade Unions .
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.