TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 117
1. Restraint and Coercion of Employees
Section 8(b) (1) (A) makes it an unfair labor practice for a labor
organization or its agents "to restrain or coerce employees" in the
exercise of their right to engage in or refrain from concerted activities
directed toward self-organization and collective bargaining
While section 8(b) (1) (A) also piovides that it "shall not impan
the right of a labor organization to prescribe its own rules with respect
to the acquisition or retention of membership therein," the
Board has consistently held that this proviso does not peimit a
labor organization to enfoice its internal rules so as to affect the hire
or tenure of employees, and thereby to coerce them in the exercise
of their statutory rights 72
a Forms of Restraint and Coercion
Section 8(b) (1) (A) is violated by conduct which independently
restrains oi coerces employees in their statutory ,Eights without regard
to whether the conduct also violates other subsections of 8(b)
While employer violations of subsections (2) to (5) of section 8(a)
have been held to constitute derivative violations of subsection (1)—
which prohibits interference with, restraint, and coercion of employees
m their section 7 rights—the Board has adhered to the view
that there is no like relation between subsection (1) and other subsections
of 8(b) 73 Thus, the Board in one case" held that peaceful
picketing by a minority umon for a cumon-security clause—which
picketing was found violative of section 8(b) (2)—did not constitute
a derivative violation of section 8(b) (1) (A) .The Board observed
that the Supreme Court's decision in the Curtas Bros case 75 made it
clear that peaceful picketing for any purpose does not restrain and
coerce employees within the memung of section 8(b) (1) (A)."
(1) Threats and Violence, Other Coercive Conduct
As heretofore, some of the cases under section 8(b) (1) (A) involved
conduct intended to compel stuke participation or observance
72 See Twenty fourth Annual Report (1950, P 85
" Ibid
74 Local Joint Executive Board of Hotel cb Restaurant Employees, etc (Crown Cafeteria),
130 NLRB 1551
75 ELRB v Drive, a, Chauffeurs & Helpere, Local Union No 639, etc • 362 II S 274
(1960) , Tienty fifth Annual Report (1960), pp 121-122
76 Bee also Local 705, IBT (Cartage d Terminal Management Corp ), 130 NLRB 558,
where the Board affirmed the trial examiner's finding of a see 8(b) (7) (C) violation, but
dismissed the 8(b) (1) (A) allegation