Strike and Lockout Guide for Picket Captains

This guide is designed for any picket captain heading into a strike or lockout, and covers topics such as morale, protocol, scheduling, scabs, and more.

Picket Captain

PICKET CAPTAIN DUTIES

The duties of a UFCW Canada picket captain vary according to the bargaining unit and Local Union policies, but can include the responsibility to provide, organize, and maintain the following forms:

  • picket schedule
  • picket pay signature sheets
  • picket pay inquiry forms
  • picket line incident reports
  • strike supply requisition form
  • picket pay schedule of hours

These forms should all be obtained, in advance when possible, from your Local Union office.

PHYSICAL PREPARATION

Your UFCW Canada union staff representative and strike committee will take care of many of the basic preparations for and needs of the picket line, from shelter, fire, and hygiene to picket bibs or signs and other picketing needs. But picket captains will still need to advise and assist members in many ways when it comes to being as comfortable as possible on the line.

Clothing is a prime example of how preparation can make life on the picket line a lot less unpleasant.

Appropriate footwear is extremely important. Wear good, comfortable walking shoes or boots appropriate to the weather and conditions of the picket line. CSA-rated safety shoes are often the best idea, yet there are circumstances in which simple sandals or running shoes might be appropriate. But consider this carefully. For some, picketers will be on their feet more during a strike than they are accustomed to, and some picket lines will involve potential health-and-safety hazards to unprotected feet.

Outerwear is also an important consideration. For people used to working indoors, an outdoor picket line can be a rude awakening. Extreme weather will seem more extreme. A chilly evening can be like the depth of winter for the unprepared, and a winter picket line simply unbearable, even dangerous. Rain can make picketers absolutely miserable, and any type of moisture, from high humidity to snow and ice, must be not only considered but dealt with on a regular basis. Snowmobile or ski-wear is not out of the question, even when the weather does not seem that bad. At the same time, hot weather can also be dangerous.

In all events, advise members to wear clothing appropriate to conditions, and to be prepared for those conditions to feel more extreme with prolonged exposure. The shelter available to you will help, but should not be relied on to prevent problems in extreme conditions. Water for hot weather, warm clothing for cold weather, rain protection when needed, and shelter and sun protection for all conditions are musts.

LOCATION & PROTOCOL

In most provinces, picketing is not allowed on private property. You should receive direction from the central strike headquarters (strike committee or union staff representatives) as to where your picket line can and cannot be active.

You will need to determine where the employer’s property ends and public property begins. This is normally easy to determine by observing such landmarks as sidewalks and fences.

At times, the dividing line might not be so clear. The important thing is to remember that once you are told you are on private property, move immediately to neutral ground. If there is confusion or you think you are being misinformed, wait from a neutral location for your union representative to deal with the issue.

In setting up picket lines, be sure you picket all appropriate locations, including sidewalk entrances, parking lot entrances, back-alley and laneway entrances, and any other access from the street. In mall locations, consult with your union staff representative to be certain your locations are both allowed and covered to the maximum.

More detailed picket line advice is provided in the last section of this guide, but remember to:

  • establish picket line locations with your union representative and central strike headquarters
  • be aware of property issues
  • obey all police instructions
  • keep picketers moving and behaving in an orderly fashion
  • let your union staff representatives deal with police issues or property disputes
  • know and follow your Local Union’s policy on speaking with media and the public (more below)
  • keep up-to-date on all Local Union strike protocols, which may change during the course of a strike.

It is vital that your Local Union’s strike protocols and strategies be followed at all times. Do not forget to keep picketers from loitering, blocking traffic, or having physical contact with vehicles or persons. Even the little things can be important, such as avoiding littering – a clean picket line makes you look good and improves the public’s perception of your cause.

 

ORDER & MORALE

There are many small yet important jobs required of a UFCW Canada picket captain, ranging from scheduling picketers to completing the paperwork necessary during a strike or lockout – more on that later.

But a chief responsibility of the picket captains is to maintain order and morale on the picket line – in most cases, there is simply no one else who can fill that role. They need to ensure that all picketers are acting responsibly and within guidelines established by the Local Union.

Picket captains need to be able to step into any confrontation that may take place between picketers and outsiders, in a non-confrontational way. Often, the outsiders may be customers who you will want to return after the strike.

Spend time with your picketers. Picket alongside them. Help them understand and cope with the day-to-day occurrences on the picket line. Make sure you listen to their problems and concerns. If you do not have the answer to a question, assure them you will get the answer as soon as you can. Keep a notebook or notepad for this and other purposes, and always make a note of the question, the member’s name, and the time of their next shift. Remember to check your notes at least daily and to follow up as promised.

Order and Morale

Picket captains are the eyes and ears of the union on the picket line. They are responsible for reporting to the main strike coordinator all problems, issues, and concerns raised by members. In addition, they need to be able to report any issues arising from the employer, the public, suppliers, scabs, or police.

In other words, anything that happens during the picket shift that might require the union’s attention must be noted and reported.

 

SCHEDULING

In some cases, scheduling will not be the job of the picket captain, but will be done centrally by union staff or a committee set up for that purpose. In many cases, however, the union relies on picket captains to take care of scheduling picketers.

In any event, picket captains should know how to make a proper picket schedule, and  be able to bring special needs or concerns to the process.

Some of the important questions to ask in drawing up a picket schedule include, but are not limited to:

  • How many picketers are required?
  • If there are picketing limitations, what are they?
  • How many locations need to be picketed?
  • How many hours must be scheduled?
  • How many shifts must be scheduled?
  • Is an overnight shift required?
  • How many members will be able to do picket duty?
  • How many members are available at a given time?
  • How many hours can members picket?
  • What shifts can members picket?
  • What is the number of hours required for strike pay?
  • Are some members assigned to alternate strike duty? (e.g., daycare, committee work, etc.)

SCHEDULING

Normally, schedules are made up in advance. But remember that changes may be necessary during the strike or lockout. Making out a picket schedule can be a difficult job, and quite a balancing act can be involved. In addition to the above, the scheduler also needs to be aware of the personal needs of members. Some common areas of concern include:

  • school (part-time students, day or night classes)
  • day care or other family needs
  • other employment
  • illness (sudden or otherwise)
  • physical limitations.
 

picketing

PICKETING GUIDELINES

As picket captain, you must ensure picketers are aware of procedures to follow while on picket duty. For example, reporting is a very important element. Picketers need to:

  • report to the strike captain or shift leader as required by the Local Union
  • report to the picket captain or designated person at the start and end of each shift
  • report any strange activities or potential problems noticed while picketing
  • report on the flow of traffic or people into and out of the workplace

Picketers must also be cautioned to:

  • not use violence for any reason
  • not cause damage to public or private property
  • not use profanity
  • not use alcohol or any illegal substance on or near the picket line
  • not give statements, even personal ones, to the media or anyone except as may be required by legal advice.

always be alert and aware that their voice and/or actions may be recorded anytime by a media or employer-representative with a cell phone or even smaller device.

Should something go wrong, any member could be arrested by the police. They should be polite and co-operate, but use their right to “say nothing” until they have spoken with legal counsel. Be sure the strike captain or shift leader is immediately aware of any arrest in order to be certain the Local Union is notified. Assure members that the Local Union will assist them.

 

THE MEDIA

Most UFCW Canada Local Unions have a policy on dealing with the media during a strike or lockout. Policy items might include the following, but might also differ.

Picketers should not give quotes to the media without authorization.

Only the Local Union can designate the person or persons who will speak to the media.

Members approached on the picket line should refer the media to the Local Union spokesperson(s).

In the event no spokesperson is available, the media should be provided with a phone number to call.

Members should always be polite to the media, even if they consider that media outlet to be unfriendly to or critical of the union. Remember, reporters are workers, too, and often are just doing their job – the unfriendly ones are usually the owners or managers who give reporters their marching orders.

Media

Your Local Union media policy might include some or all of the above, or might be set up differently. The important thing to remember is to familiarize yourself with this policy, communicate it to other picketers, and stick to it.

 

community rules

COMMUNITY RULES

Good picket captains do their homework and know that rules of conduct vary widely from community to community.

It is vital in many circumstances that the picket captain be aware of local rules and regulations, because the Local Union may be concentrating on the “big picture” involving many different communities.

Some questions that will be important to a picket captain in determining how to conduct the picket line include (but certainly are not limited to):

  • What is the attitude of the local police?
  • How long can you delay employer or other vehicles?
  • Can you have fire barrels or fire pits? Is a permit needed?
  • Can you control littering to community standards?
  • Where exactly are property lines?

The law regarding picket lines during a legal strike is not always clear. Be sure to consult your Local Union for current legislation on strikes and lockouts.

SCABS

Scabs are individuals who make a conscious choice to betray and undermine workers or co-workers – and their own standard of living – by trying to defeat a strike by crossing union picket lines. Shamefully, scabs are still permitted in most jurisdictions in Canada. Consult with your Local Union to be sure of what applies in your case at your location.

Scabs are often referred to by employers and politicians as “replacement workers” in an attempt to make it seem as if it is okay to be a scab. It is not okay. It is an intentional attack on the group of workers on strike for improvements to their workplace and livelihoods.

Scabs who are members of the union can be charged under the terms of the union’s constitution and, if convicted, can lose their membership in the union, and even their jobs in some instances.

If you are aware of someone who is considering crossing a picket line or working to defeat a strike by the union, try to stop them – for their own sake. Meet with them and try to suggest alternatives to their intended actions, or solutions for the problems that are making them consider such actions.

SCABS

 

BREACHES OF THE PEACE

There is a legal obligation on any person crossing or attempting to cross a picket line to do so in a manner that will not endanger the life or safety of anyone. Picketers have the legal right to ask anyone to honour their picket line, and to try to dissuade them from crossing. This does not, however, extend to the use of force, threats, threatening gestures, or blocking access.

It may be illegal to block access to a premises, but it may also be illegal for the driver of a vehicle to obstruct traffic on a roadway in attempting to cross a picket line. The driver may be requested, in the interest of public safety or to prevent a serious breach of the peace, to leave the site of a picket line in the event entry cannot be quickly and peacefully negotiated.

Both management and the union should remain aware that they may, through the labour relations board or commission, or even through the civil courts, seek relief for any situation that cannot be resolved through peaceful negotiation.

BREACHES OF THE PEACE

While it is always hoped it will not be necessary, picket captains should familiarize themselves with several relevant sections of the Criminal Code of Canada – including causing a disturbance, mischief, intimidation, and assault – and be aware that anyone found in contravention of any of these sections could be found guilty of a criminal offence and may be subject to fine and/or imprisonment.

 

FOR PICKETERS

Much of the advice that a UFCW Canada picket captain will wish to impart to picketers is contained in the following simplified lists. It can be a good idea to use these suggestions to create your own lists, which can be read to picketers, or, even better, photocopied and pinned up at a suitable location at the picket line to serve as reminders.

 

PICKET LINE DO LIST FOR PICKETERS

  • DO  maintain orderly, peaceful, and in-motion picketing.
  • DO  have the picket captain on site at all times.
  • DO  attempt to establish a positive relationship with the local police.
  • DO  delay vehicles, within protocol, that cross the picket line.
  • DO  be on time and ready to walk as scheduled.
  • DO  try to talk to all passers-by, employees, or visitors to ask them for support.
  • DO  pass out authorized leaflets and literature.
  • DO  stay on the line until the end of your shift.
  • DO  stay spread out and continue walking at all times.
  • DO  smile and be polite, even if a passer-by or non-striker gives you a hard time.
  • DO  use common sense and common courtesy at all times.
  • DO  keep a password lock on your cell phone or smart phone to protect your contact list, messages, union, personal, and other strategic files and information from falling into unfriendly hands.

Do and Dont

PICKET LINE DON’T LIST FOR PICKETERS

  • DON’T  attempt to completely stop vehicles and people from crossing the picket line.
  • DON’T  attempt to damage vehicles or property.
  • DON’T  attempt to physically injure or harm any persons.
  • DON’T  suggest to the police or any employer representatives that the picketers are beyond control or will not respond to a picket captain’s direction.
  • DON’T  curse, use profanity, or make reference to the race, ethnicity, religion, or lifestyle preferences of any person while on the line.
  • DON’T  wear or carry any sign other than an approved picket bib or sign.
  • DON’T  alter the picket bib or sign given to you by the union.
  • DON’T  make statements, even personal ones, to the news media. Direct the media to your picket captain, who will in turn direct them to the appropriate representative.
  • DON’T  engage in conversation with management personnel. Direct all questions to your picket captain, who will in turn direct them to the appropriate representative.
  • DON’T  distribute anything other than leaflets, buttons, etc. either provided by the union or explicitly authorized by the union.
  • DON’T  make threats, create disorder, or engage in aggressive or intimidating conduct.
  • DON’T  engage in any physical contact with anyone.
  • DON’T  harass anyone or engage in violence, even if someone provokes you.
  • DON’T  bring any type of weapon to the picket line, either on your person or even in your car.
  • DON’T  bring alcohol or any prohibited substance to the picket line.
  • DON’T  consume alcohol or any prohibited substance at or near the picket line.
  • DON’T  attend the picket line while under the influence of alcohol or any other substance.

Many of these  DON’T  reminders are actually zero-tolerance policies of the union, and must be respected as such. Always remember to use common sense and courtesy, both on the picket line and wherever you might be perceived to be representing the union.

 

NOTE: This gude is intended as a general guideline. Your Local Union policies or strike-specific protocols and procedures may take precedence over these suggestions. In such instances, picket captains should follow the direction of their Local Union officer, union staff representative, or other strike coordinator.