Policy Text
I San Francisco Police Department 8.05
I
GENERAL ORDER 08/24/94
I LABOR DISPUTES
This order outlines the Department policies and procedures in response to labor
disputes, including the rights of the disputants, court orders, and the enforcement
duties of officers when violations occur.
I I. POLICY
A. PROTECZZON OF FIRST AMENDMENT RIGHTS. It is the policy of the San
Francisco Police Department that its members maintain neutrality in labor
disputes, preserve the peace, prevent violence, and facilitate the exercise of
First Amendment rights.
B. ENFORCEMENT AUTHORIZATION. Any decision to take enforcement
action pursuant to a court order shall be reviewed and authorized by a
supervisory officer on the scene prior to any arrest.
11. GUIDELINES
-- A. PICKETING AND LEAFLET DISTFUBUTION
1. PICKETING. Peaceful picketing may occur on public sidewalks or on the
aprons of private property in front of buildings where the public may
laay be. The right to picket, however, does not include the right to
break the law in any of the following ways:
a Willfully and maliciously blocking a person's use of entrances, exits or
sidewalks.
b. Using physical force on persons or throwing objects.
c Disturbing the peace or using offensive words which are inherently
likely to provoke an immediate violent reaction [see Section 415(3)
Penal Code].
d Maliciously and willfully disturbing another person by loud and
unreasonable noise [see Sedion 415(2) Penal Code].
2 LMFEIS. Distribution of leaflets does not require a permit
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D. COURT ORDERS
1. ORDER TO SHOW CAUSE (OSC). This is a request by a party in a dispute for a
Temporary Restraining Order.
2. TEMPORARY RESTRAINING ORDER GIRO). This is an interim order of the
court, generally issued before a formal hearing for an injunction is
calendared. TR(Ys frequently address subjects not covered in criminal
statutes or ordinances such as the number of pickets, the location, and the
distance required between pickets. They remain valid until rescinded by
the court or until a preliminary injunction is issued.
3. PRELIMINARY INJUNCIION. This is a court order issued after a formal
hearing and generally covers the same subject area as a TRO. It remains
valid until the date of expiration specified in the order or until it is
modified or rescinded. .
a. Occasionally a court will insert a provision in an order which directs
law enforcement action when violations of the order occur. The
fobwing is an example. of an enforcement clause which usually
appears at the end of a court order:
"IT IS FURTHER ORDERED that 101~11'1 disobedience of the terms of
this order shall be deemed a m'otatim of secfion 166.4 of the California
Penal Code, and the appropriate law enforcement officials are directed
to take such action as may appear necessary, including but not limited
to anesting violators, in order to insure full and complete obedience
and compliance with this order."
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b. Whether of not an enforcement clause is part of a TRO, an officer has
authority to enforce its provisions. Enforcement action short of arrest
should be in the form of warnings and advisements prior to any arrests
being made. 'Supervisory officers shall get approval of command
officers prior to making arrests at the scene of labor disputes.
Supervisory officers shall not advise parties to the labor dispute under
what conditions arrests will or will not be made. It is the goal of the
police to remain neutral in the highly charged circumstances of a labor
dispute. Supervisors and officers should avoid action which gives
either party to the dispute the appearance of bias for or against hther
side to the dispute. d
5. LINEDOUT PORTIONS. Court orders frequently have words, phrases,
clauses, or paragraphs lined out by the judge. The fact that portions of the
order are lined out does not impair the validity of the remaining parts of
the order.
PROCEDURES
A. ENFORCEMENT DUTIES OF OFFICERS
1. DJ~CRETION. For the purpose of law enforcement, you should treat a court
order the same as any other Penal Code provision; however, as a police
- officer, you have discretion to decide what is appropriate enforcement
action.
2 GIVING NOTICE OR WARNINGS
a During a labor dispute, you should dissuade people from violating the
law or the terms of a court order by giving violators notice of their
violation and an opportunity to stop it.
b. When requested by management to take action regarding alleged
violations of a TRO or injunction, notify your supervisor before taking
any enforcement action. i
c Supervisoy personnel shall infonn the picket captain of the specific
terms of the murt order allegedly being violated, request voluntary
compliance and advise the picket captain that non-compliance may
result in arrestts).
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3. ADMONISHMENT, CITATION, ARREST. Enforcement action may include or be
limited to a warning, a citation arrest, or a custodial arrest. Action to
enforce the terms of the order should be taken only after ascertaining that
the picket captain is familiar with the terms of the order and has been