The Legal Side of Private Security: Working Through the Maze Book

	Introduction
1	Private Security and Law Enforcement	1
	Confusion in the Application of the Law	1
	Role of the Government	2
	Analysis of Non-Law Enforcement Government Cases	3
	Involvement of the Government in Private Sector Activities	7
	Obligations to Notify Law Enforcement of Criminal Activity	12
	Admissibility of Coerced Admissions in Criminal Proceedings	14
	Observations	15
2	A View of the Maze of Laws That Impact Private Security	17
	Employer-Employee Relationships	17
	Property Owner-Property User Relationships	28
	Statutory Violations Involving Imprisonment or Monetary Remedies	32
	Observations	33
3	Security-Related Matters in Collective Bargaining	37
	Representation Issues	38
	Unfair Labor Practices	41
	Observations	53
4	Labor-Related Demonstrations, Picketing, and Handbilling	57
	On-site Work Stoppages and Demonstrations by Employees	57
	Distribution of Literature by Employees	59
	Picket Line Activities by Employees	60
	Trespass Activity by Non-Employee Union Agents	60
	Employer Access to State Courts in Labor Trespass Cases - Are State Actions Preempted by the NLRA?	68
	Mass Picketing and Violence on the Picket Line	71
	Secondary Boycotts	73
	Observations	78
5	Arbitration	81
	The Balance to be Struck	81
	The Workings of the Arbitration Process	82
	Finality of Arbitration	98
	Preemption	99
	Observations	101
6	The Employment World Outside of the National Labor Relations Act and Arbitration	105
	Hiring	106
	Discipline and Discharge	120
	Observations	134
7	Liability for Assaults	139
	Assaults on Employees	139
	Assaults by Employees or Owner-Occupiers' Agents	143
	Assaults by Strangers - Who Is Responsible?	148
	Legal Parameters for Responses to Assault	153
	Use of Force in Making an Arrest or Preventing the Commission of a Crime	156
	Observations	158
8	Individual Rights of Non-Employees and Protection of Property and Business	161
	Detaining and Investigating	161
	Non-Work-Related Demonstrations on Private Property	177
	Removing Demonstrators from Private Property and Controlling Activity at Entrances	180
	Observations	184
9	Protecting Intangible Property	187
	Patent and Copyright Protection	187
	Trade Secrets	188
	Federal Laws Dealing with Intangible Property	193
	Observations	208
10	The Special Nature of Some Security Functions	213
	Students and Schools	213
	Government-Regulated Observations Businesses	218
	Conclusion	225
	Bibliography	229
	Index	231