Southeast Missouri State University has case law on its side in keeping union pickets off campus grounds, a school official said Wednesday.
The general rule is that picketing is "always restricted to outside the owner's property," said Dr. Pauline Fox, vice president of administration and enrollment management.
Although Southeast is a public university, case law treats such institutions the same as private property in regards to labor union pickets, Fox said.
The issue surfaced last week when university police ordered picketing members of Operating Engineers Local 513 to move their protest off campus grounds.
The union was picketing the Otto and Della Seabaugh Polytechnic Building construction project over a labor dispute with a masonry contractor. The labor dispute was resolved in a few days and the pickets removed.
The construction site is near the university's Magill Hall. The pickets complied with campus police and moved their protest to the traffic island at the intersection of New Madrid and Henderson at the edge of the university campus.
Al Stoverink, facilities management director at Southeast, said the university typically requires pickets in labor disputes to confine their actions to areas along city streets.
Ron Gladney, a St. Louis lawyer who represents the Operating Engineers union, questioned how a public university can prohibit people from picketing on its property.
"We believe that as long as we are not blocking people or creating a safety hazard we have the right to picket as close to our job site as we want to," he said last week.
But in response to an inquiry from the Southeast Missourian, Fox checked with the school's lawyer, Diane Howard of Cape Girardeau.
Fox said Howard told her that the university's actions were lawful.
"She did assure me, the university does have the right to restrict access to its property," Fox said.
She said that right is reflected in other matters such as campus parking. "We have a right to restrict parking on campus," Fox said.
As to the picketing, Fox said the university had every right to protect its interests.
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