TAMPA, Fla. – In recent months, a number of social rights groups (often referred to as “workers centers”) have been collaborating with labor unions to stage public demonstrations from coast to coast, and around the globe. While the ultimate aims of these organizations are not always clear, the themes often revolve around wages, benefits and other working conditions. Thus far, these groups have directed most of their activities at the fast food industry, but it is fair to assume that our industry is a potential target as well.

Retailers, whether operating a unionized store or one that remains union-free, have the right to prepare for and respond to informational picketing or related activity from these groups. Should you receive reports that a workers center or any other third party plans to stage such activity nearby, it is important to keep in mind that their primary dispute is probably with someone other than you.

However, it is essential for retailers to understand the relevant issues and concerns that may affect your business or your employees. Fisher & Phillips LLP, a national law firm representing management in labor and employment law matters, has prepared a series of documents to help guide employers in how to properly address potential situations.

At the most basic level, retailers should be prepared to address the following aspects in the event of a planned protest:

• Identify the activity: The nature of the activity will typically determine the extent of your rights as a neutral employer.
• Know the general ground rules: Understand what picketers are and are not permitted to do, under law.
• Protecting your property rights: In most states, third parties are not permitted to access your private property to engage in these activities.  While protesters may be permitted to lawfully air their disputes on public property, they generally do not have the right to use your private property to carry out their objectives. 
• Communicate with your customers and employees: While picketing and related activity threatens to disrupt virtually any business, there are steps that can be taken to reassure employees and customers alike. 
• Respond to the participants themselves: If the protesters do show up, the best advice is to remain calm. It is important to remember that the protest is ostensibly directed against someone else. 

For further information, please contact Steve Bernstein with the Tampa offices of Fisher & Phillips LLP.