RECENT DEVELOPMENTS IN THE TORT LAW OF PICKETING

Abstract

The author classifies three ways picketing can vary according to 1) the form it takes, 2) the circumstances in which it occurs or 3) the object for which it is carried out and the result it produces. Most recent cases involve a union uncertified under the applicable labour code seeking to induce an employer into recognizing and bargaining with it; therefore, this article addresses primarily the recent developments in this field. It proceeds on the assumption that the lawfulness of picketing can be determined by examination of the above three aspects, and conducts that examination. The author begins with the form of picketing and corresponding tortious conduct indicative of assault, battery, trespass, defamation, intimidation and nuisance. The torts associated with the object of the picketing are conspiracy involving unlawful means or to accomplish an unlawful end and conspiracy to injure. The result of picketing becomes a tort when it induces breach of contract.