Ninth Circuit Upholds Hefty Damage Award Against ILWU


Violent strikes and picketing have been largely eschewed by labor unions in recent years, replaced by more sophisticated ‘‘corporate campaign’’ techniques that pressure employers through the press and, now, social media. The change in tactics and shift away from illegal activity has helped labor unions in many ways. For instance, the public at large usually has little sympathy for a strike or picketing that turns violent. Moreover, strikes and violence are usually ‘‘Exhibit A’’ from an employer in an anti-union campaign and can dissuade prospective members from voting ‘‘Yes’’ in an organizing campaign. Perhaps most importantly, physical violence, destruction of property, and threatening behavior was usually met with judicial disapproval, frequently resulting in injunctions from federal courts, damages awards, and lengthy—as well as financially draining—legal battles over these decisions.

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