TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

136 Twenty-sixth Annual Report of the National Labor Relations Board
b Threats, Coercion, and Restraint
Section 8(b) (4) (n) makes it unlawful for a union to "threaten,
coerce, or restram any person engaged m commerce oi in an industry
affecting commerce" for the proscribed purposes The legislative
history of the 1959 amendments clearly indicates, as the Board has
stated,8' that the purpose of section 8(b) (4) (n) (B) was to eliminate
the loophole m the existing law whereby unions could coerce secondary
employers (as distmguished from employees) directly by threats to
strike, picketing, and other forms of pressure and retaliation
During the past fiscal year, the Board found such types of union
pressure violative of clause (n) as the following Threats to secondary
employers that the union would take measures of reprisal and engage
m picketing if these employers handled neutral employers' vessels; 68
picketing of a home-building project, even after the picketing had
been limited to weekends with signs addressed to the public only; 69
threats, addressed directly to or m the piesence of neutral employers,
that a construction job would be stopped unless nonunion workers
were removed; 7° unhitching a primary employer's tractor-ti ruler as
it was being picked up at a railroad yard by a secondary employer's
driver, and warning this driver to leave the premises, thereby making
it impossible for the secondary employer to carry on its business with
the primary employer; 71 and refusing to i efer applicants for employment
to secondary employers, contraiy to an area agreement 72
Some instances of unlawful restraint and coercion under clause (n)
of section 8(b) (4) have also been found to be unlau ful inducement
or encouragement within clause (i) 73 However, in one case, 74 the
Board made it clear that unlawful inducement or encouragement of
a secondary employee under clause (i) is not necessarily restraint or
coercion of his employer under clause (n) In this case, however,
it ruled that the presence of the secondary employee, who was himself
induced and encouraged under clause (i) at the time the act of
restraint or coercion occurred, did not preclude a finding of violation
of (n) where the union's seizure of his employer's equipment made it
impossible for the secondary employer to carry on its busmess with
a Highway Truckdrivera & Helper., Local 107, IBT (Rum d Co ), 130 NLRB 948
ce United Marine Division of NMU, Local 333 (D M PicSon ti Co ), 181 NLRB No 91
See also Sheet Metal Worker., Local 299 (11 AI Eisner d Sons), 131: NLRB No 147
el Local 1921 Carpenters (Spar Builders), 131 NLRB No 116
70 /numbers Union of Nassau County, Local 457 (Bonet Plumbing & Heating), 131
NLRB No 151
"Highway Truck Drivers & Helpers Local 107, IBT (Bias s6 Co ), 130 NLRB 943
"Local 758, IBIJW (Martin Co ), 131 NLRB No 120, discussed aboie, p 133
7' e g, Highway Truck Drivers if Helpers Local 107, IBT albs & Co ), above,
United Wholesale & Warehouse Employee., Local 881 (Perfection Mattress if Spring Co ),
129 NLRB 1014
"‘ Highway Truck Drivers & Helpers Local 107, HIT (R qsa & Co ), above