TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 137
the primary employer, and was therefore "directly coercive" as to
the secondary employer
In the Perfectton Mattrese case,76 previously discussed under section
8(b) (4) (1), the Board unanimously reiterated its position that
consume' picketing of retail stores to persuade the public not to buy
certain pi oducts constitutes "iestraint and coercion" of the store
employers within clause (n) of the amended section 8(b) (4) Such
picketing, as the Board again pointed out shortly aftei the close of
the fiscal year,76 is in the nature of "economic retaliation" against the
employer who fails to comply with the union's demands that it cease
o" curtail doing business with the manufacturer of the products
involved
c Secondary Strikes and Boycotts
The secondaiy boycott pi °visions of the act, contained in section
8(b) (4) (B), pi olubit pressure on "any person" to cease doing business
with "any other person" The Board had occasion ■to hold in a recent
case 77 that this section does not require evidence that a union's conduct
complained of was aimed at a pal ticulai person There, the Board
majority rejected the unions' contention that ploof was necessary that
they had requested or sought to have an employe' oi employers discontinue
the handling of certain products or the doing business with
certain other peisons The Board could "peiceive no basis for differentiating
between a strike, the effect of which would be to cause
an employer to cease doing business with employer A and a stiike
uhich would cause a cessation of business with unnamed employers
who are members of a particular class"
Some of the cases during the fiscal year iequired a determination
as to whether employers complaining of secondary action were in
fact neutrals, or had so allied themselves with the primary employer
with whom the union had a dispute as to be outside the statutory
protection Other cases turned on the question whether pressure
against the primary employer at a "common situs" shared with neutral
employers was earned out in a manner which justified the conclusion
that inducement of work stoppages by employees of neutral employers
was intended
(1) The "Ally" Doctrine
The prohibition against secondary boycotts is intended to protect
neutral employers from being drawn into a dispute between a umon
Is United Wholesale 4 Warehouse Employees, Local 861 (Perfection Mattress d Spring
Co), 129 NLRB 1014
"Upholsterer. Frame if Bedding Workers (Minneapolis House Furnishing ), 132
NLRB No. 2
'7 Amalgamated Lithographers, etc 4 Local 17 (The Employing Lithographet a), 130
NLRB 985, Member Fanning dissenting on this point