I have had it with the protestors by the Mayo

[patric]

The carpenters union has hired dozens of homeless people to stand in for union members to wage a "shame" campaign against a nonunion contractor, a Tulsa World investigation shows.

The Local 943 Carpenters Union has organized a 2-year effort to coerce Green Country Interiors Inc. to pay union wages and benefits to its construction workers, said David Hannagan, president and part owner of Green Country.

During the past two years, the union has employed about 200 individuals served by the Iron Gate program housed at Trinity Episcopal Church, said Wiley Lee, a spokesman for the carpenter's union.

When asked if the homeless workers earn union pay and benefits, Lee said the workers are temporary employees without a benefits package because of their status.

In addition to hanging the banners, the union is sending letters to potential Hannagan customers, warning them that they will see banners showing up at their businesses if they hire Hannagan, according to records obtained by the World.

http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090321_11_A1_Agroup796430

[TheArtist]

Well on a good note.... all this hubub is free advertising for Green Country Interiors and doesnt seem to be hurting them any. Plus a number of homeless people are being employed. Perhaps we should encourage this,,, as long as they arent noisy and causing problems. I have a little sheetrocking that can still be done,,, I can both hire the sheetrockers and as a side benefit employ some homeless people. :-)

[PonderInc]

Here's the Penal Code chapter pertaining to Picketing in the Tulsa City Ordinances...

CHAPTER 17
PICKETING
Section 1700. Definitions.
Section 1701. Picketing Unlawful Because of Manner in Which Conducted.
Section 1702. Picketing Unlawful Because of Place at Which Conducted.
Section 1703. Conspiring to Cause Unlawful Picketing.
Section 1704. Picket Line an Offense Where Picketing Unlawful.
Section 1705. Penalty.

SECTION 1700. DEFINITIONS
As used in this chapter, the following terms shall be construed to include the meanings embraced in popular usage and also specifically the meanings given herein.

A. Armed Picketing shall mean and include the carrying of any weapon or any instrument capable of being adapted for use as a weapon or means of intimidation by any person engaged or participating in picketing.

B. Labor Dispute shall mean and include any and all disputes between an employer and his or its employees, and also all negotiations or efforts of trade unions and labor organizations of every kind to enter into or to continue any contract or contracts with an employer with reference to the terms or conditions of labor or the selection or recognition of a bargaining agent, regardless of whether there is any actual dispute between such employer and his or its then employees.

C. Mass Picketing shall mean and include the congregation of persons engaged in picketing as herein defined in such numbers as to prevent or interfere with the free and unobstructed passage of traffic or pedestrians along any street, sidewalk, alley, railroad right-of-way or entrance into any place of business, factory or yard.

D. Picketing shall mean and include any method or device used to publicize grievances; particularly the walking, standing or loitering of a person upon or along any sidewalk, street or alley while engaged in the act of displaying any signs, placards or banners or verbally dissuading or attempting to dissuade persons from patronizing or entering a place of business.

E. Picket Line shall mean and include the act of picketing by one or more persons under such circumstances or with such banners, placards or other notices as, under then existing bylaws or obligations of any trade union or labor organization in the City of Tulsa, would expose any member of any of the organization to disciplinary action by such trade union or labor organization if such member should enter the place of business then being picketed.

SECTION 1701. PICKETING UNLAWFUL BECAUSE OF MANNER IN WHICH CONDUCTED
It is an offense for any person to engage or participate in mass picketing, armed picketing or any picketing in which resort is had to violence, threats or acts of intimidation or physical coercion.

SECTION 1702. PICKETING UNLAWFUL BECAUSE OF P LACE AT WHICH CONDUCTED
It shall be an offense for any person in furtherance of or in connection with any labor dispute to engage in the act of picketing any of the following described places:
A. Any building, property, yard or other place belonging to, used by or occupied by the City of Tulsa;
B. Any public school;
C. Any charitable hospital;
D. Any private residence or domicile;
E. Any property of the employer except that plant, office, yard or place of business concerning employment in which such labor dispute exists; or
F. The property of any person other than the employer with whom such labor dispute exists.

SECTION 1703. CONSPIRING TO CAUSE UNLAWFUL PICKETING
It shall be an offense for any person or persons to combine, conspire to cause or procure to be done any picketing of any of the kinds declared herein to be an offense.

SECTION 1704. PICKET LINE AN OFFENSE WHERE PICKETING UNLAWFUL
It shall be an offense for any person to advise, counsel, be a part of or otherwise participate in any picket line at any place at which picketing is unlawful or at any time when picketing is being conducted in an unlawful manner.
Ch. 17, Pg. 3 Title 27 - Penal Code Supp. 6 (1/1/00)

SECTION 1705. PENALTY
Unless otherwise provided for in this chapter, any person violating any of the provisions of this chapter shall be guilty of an offense and upon conviction shall be punished by a fine of not more than TWO HUNDRED DOLLARS ($200.00), excluding costs, fees and assessments.
Ord. Nos. 15523, 19605

[Conan71]

The carpenters union has hired dozens of homeless people to stand in for union members to wage a "shame" campaign against a nonunion contractor, a Tulsa World investigation shows.

The Local 943 Carpenters Union has organized a 2-year effort to coerce Green Country Interiors Inc. to pay union wages and benefits to its construction workers, said David Hannagan, president and part owner of Green Country.

During the past two years, the union has employed about 200 individuals served by the Iron Gate program housed at Trinity Episcopal Church, said Wiley Lee, a spokesman for the carpenter's union.

When asked if the homeless workers earn union pay and benefits, Lee said the workers are temporary employees without a benefits package because of their status.

In addition to hanging the banners, the union is sending letters to potential Hannagan customers, warning them that they will see banners showing up at their businesses if they hire Hannagan, according to records obtained by the World.

http://www.tulsaworld.com/news/article.aspx?subjectid=11&articleid=20090321_11_A1_Agroup796430

I would think GC Interiors would have some sort of protection from a disruption of trade from these DB's at the local 943.  I for one won't employ a union carpenter.  If they are paying these protestors cash they are skirting tax laws, intentionally avoiding paying a union wage and benefits to these people.  It also pisses me off they are wasting dues-paying laborers money on a campaign that is increasingly more annoying.

[cannon_fodder]

Interesting, it appears by definition it is not a labor dispute:

B. Labor Dispute shall mean and include any and all disputes between an employer and his or its employees, and also all negotiations or efforts of trade unions and labor organizations of every kind to enter into or to continue any contract or contracts with an employer with reference to the terms or conditions of labor or the selection or recognition of a bargaining agent, regardless of whether there is any actual dispute between such employer and his or its then employees.

The person picketing are not employees of anyone, they are independent subcontractors of the union.

The union members are not employees of any of the businesses they are picketing.

They are also not negotiating to enter into a contract with an employer with regards to the terms or conditions of labor.

They are protesting an unrelated party for choosing a different contractor.  By definition (as per above), not a labor dispute.
- - -

Similarily, you can not picket every location some other contractor does work:

[It shall be unlawful to picket] E. Any property of the employer except that plant, office, yard or place of business concerning employment in which such labor dispute exists

There is no work being performed at Southern Hills.  By their own admission they picket anywhere the officials of that company might frequent.  By statute that's just harassment.

[Ibanez]

I can see them out of office window and can often times hear them when they start their drumming or blowing those damn whistles.

Many times I have considered rigging up some sort of launcher, catapult, something to lob water balloons at them. Then I realize the winds downtown would make getting an accurate shot nearly impossible.

[cannon_fodder]

They were back down there.  Talking to them was not effective.  The people that are doing the protesting are just employees and gave the party line to questions.  Canned answers and would not deviate from them.  They are "just trying to get attention" with the noisemakers.

Today I have seen them at the Mayo, Hillcrest, and at TU.

The contractor that was chosen over the Wichita one for the Mayo has stated the project will be done ahead of schedule and on budget.    The opening has been moved up from December to August.  So I doubt the building owners are upset with the contractor they chose:
http://www.tulsabusiness.com/article.asp?aID=33928034.2109751.632853.3914088.1327615.498&aID2=48672

Construction on Skelly Stadium at U Tulsa has been done for more than 6 months.  There is NO construction project that I am aware of that would even use carpenters at this point (site work for a new Arts center, masonry on the library, and some grounds work is all that is going on that I know of).   Other than convincing the University never to allow their contractor to bid on projects - I'm not sure what this will accomplish.

I have no information on what is going on at Hillcrest.

They are also at Southern Hills.  Where there is no carpentry work being done, but the owner of a company they don't like goes for lunch.  Which is, of course, not part of protesting a labor dispute in any way either.  IT is simply harassing a person they do not like.

And I don't really know what their problem is with IBC bank.  But all the instances i know of are junk, so I'll assume that's junk too.

[nathanm]

Interesting, it appears by definition it is not a labor dispute:

The person picketing are not employees of anyone, they are independent subcontractors of the union.

The union members are not employees of any of the businesses they are picketing.

They are also not negotiating to enter into a contract with an employer with regards to the terms or conditions of labor.

They are protesting an unrelated party for choosing a different contractor.  By definition (as per above), not a labor dispute.
- - -

Similarily, you can not picket every location some other contractor does work:

There is no work being performed at Southern Hills.  By their own admission they picket anywhere the officials of that company might frequent.  By statute that's just harassment.

You don't think they'd win a first amendment challenge if they were fined or arrested for holding those banners? (at least up until they started making a racket in addition to holding the signs)

While I haven't seen the other locations, when I've seen them at TU they're just quietly holding their signs and leave some room on the sidewalk for a person to walk past.

[Conan71]

It's okay Cannon, even the employees of IBC are clueless why they are getting picketed.

[cannon_fodder]

You don't think they'd win a first amendment challenge if they were fined or arrested for holding those banners? (at least up until they started making a racket in addition to holding the signs)

While I haven't seen the other locations, when I've seen them at TU they're just quietly holding their signs and leave some room on the sidewalk for a person to walk past.

I'm not entirely sure.  It appears the term "labor dispute" is defined by statute/ordinance.  A person is not free to harass a person nor disseminate false information.  If you did not sleep with a prostitute, I can not stand in front of your office for months trying to turn away your customers by screaming that you did.  Here, there appears to be no labor dispute by definition. 

They are not so much attempting to strike or protest as punish a business for selecting a different contractor.  They are certainly at least walking the line between their free speech and the Mayo's right to be free of organized harassment and the dissemination of false information.    If the banners said "failed to hire a union contractor" they would be on much firmer ground, but IMHO still bordering on plain harassment.

I do not think it is the governments proper place to interfere with their free speech.  But if the parties of the harassment sought injunction relief attempting to stop the dissemination of false information,  nuisance, or harassment I think they would have a legitimate cause of action.  Certainly where they are disrupting the entire area and where they failed to follow guidelines for holding an "event." 

But . . .  I readily admit to never practicing in the area of 1st Amendment rights.  So I really don't know.  I am a rabid supporter of free speech rights but understand those rights must be balanced against other compelling interests.  When in doubt, free speech should win.  This case would certainly be an interesting one.

[RecycleMichael]

Something is clearly happening to resolve the noise issue.

Today they were pretty quiet and didn't beat their drum (maybe the little drummer boy had an tummy ache). No one blew whistles and only one lady clanged a cowbell, but seemed to stop after a while (it was probably a workout).

Maybe they will be quiet now. Maybe the talk with Cannon Fodder fixed everything. He has that intimidating look and style.

His father was wise to name him after a weapon.

[Conan71]

RM,

Has it ever dawned on you that the union might eventually tell them to hold the Mayo and move on somewhere else?

[Gaspar]

Something is clearly happening to resolve the noise issue.

Today they were pretty quiet and didn't beat their drum (maybe the little drummer boy had an tummy ache). No one blew whistles and only one lady clanged a cowbell, but seemed to stop after a while (it was probably a workout).

Maybe they will be quiet now. Maybe the talk with Cannon Fodder fixed everything. He has that intimidating look and style.

His father was wise to name him after a weapon.

I don't think it's any resolution, I think Conan is right, they are getting exhausted.  Sounds like the protesters may be union.  They could strike against the union and demand better hours, or a shelter, or more pay and better noisemakers that require less repetitive motion.  I hate to see labor taken advantage of like this.

Oh yeah, they hired non-union labor to protest for the union.   Well they should form their own union "The National Union Protesters Union."  That way they could have better pay, better hours and more benefits.  Long negotiations on noisemaker design, and harassment tactics would help too.  The union could provide incentive packages based not on work performance, but on tenure.  Comfortable chairs and mechanical sign holders would help to ensure comfort and above all SAFETY. 

After all, SAFETY should be the NUPU's mission.

[Wilbur]

I can see them out of office window and can often times hear them when they start their drumming or blowing those damn whistles.

Many times I have considered rigging up some sort of launcher, catapult, something to lob water balloons at them. Then I realize the winds downtown would make getting an accurate shot nearly impossible.

Wait a minute!  There's a game in there some place!

[Gaspar]

But seriously, I would think that the protest noises would violate Tulsa City Health Ordinances as they relate to noise.  Title 24, Section 103-F:

A public health nusence would be classified as:

F. All noises, sounds, or vibrations of such a character or duration so as to be
unreasonably loud or disturbing to the peace and quiet of persons of ordinary
sensibilities, including but not limited to those persons inside a building or structure
used in whole or in part as a domicile, residence, or dwelling;


You would just have to prove that you are a person of "ordinary sensibility." 

As I understand, you would report this to the Health Department and they would be required to investigate and take action.