LABOR LAW-STATE REGULATION OF RECOGNITION AND ORGANIZATIONAL PICKETING

Just as the fixed circumference of spheres of influence tends to reduce clash and friction in world affairs, so peaceful industrial relations are fostered by definite legal rules of conduct. Recent litigation, both by its amount and variety of result, testifies to a continued uncertainty as to the permissible scope of peaceful, primary picketing. The major problems may be subsumed under the loose category of stranger picketing, but a distinction of some legal significance has developed within this category between picketing by the non-representative union for recognition by the employer and picketing for organizational purposes, that is, to win the reluctant: employees into the union\u27s fold. The complexity of human motivation makes this distinction difficult to administer, even if it were valid; the fact that, whatever the union\u27s motivation, the effect of such picketing upon the business enterprise is likely to be the same suggests the invalidity of such a distinction as a fulcrum of legal decision. The distinction, however, will be recognized in the structure of this comment because of its acceptance by some courts.\u3c.p\u3