TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 139
employer was found no evidence, in and of itself, of common ownership
or control sufficient to destroy the secondary's neutrality 8 2
(2) Ambulatory and Common Situs Picketing
In situations involving picketing at locations where business was
carried on by both the primary employer—the employer with whom
the union had a dispute—and neutral employers, the Board has continued
to determine whether the picketing was primary and protected,
or secondary and therefore prohibited, on the basis of the evidentiary
tests established in the Moore Dry Dock case " As heietofore, these
situations chiefly involved picketmg of common construction sites or
ambulatory trucking sites
In the Gonzales case," involving a construction dispute, a majority
of the Board found—contrary to the trial examiner—that a "common
situs" situation was involved, and took occasion to reconsider and
ieiterate the Moore Dry Dock tests In this case, the secondary employer,
a construction company hired by the primary employer to
perform construction work on its plant in Puei to Rico, had no iegular
place of business in Puerto Rico, but opened an office at the plant site
and engaged in work for a relatively extended period of time, about
8 months The union struck the primary employer and picketed the
plant's only gate This gate was used by both plant employees and
construction workers, although at different times and in separate
groups, the plant employees wearing white safety helmets and the
construction workers wearing green safety helmets, all of which was
known by the union In the course of this picketing, the union carried
no picket signs at all on one day, most of its signs either referred to a
claim to represent a majority of the primaiy employ& 's woi kers or
made no mention of any employer, and it orally appealed dnectly to
known employees of the construction firm not to enter the plant
Expressing the conviction that such a neutral employer should enjoy
the protection of the act's secondary boycott provisions on an equal
= General Drivels, Chauffeurs, etc , Local 886 (Ada Transit Mix), 130 NLRB 788
gi Sailors' Union of the Pacific, AFL (Moore Dry Dock Cc). 92 NLRB 547 (1950), in
which the Board, in order to accommodate lawful primary picketing while shielding
secondary employers and their employees from pressure in controversies not their own,
laid down certain tests to establish common situs picketing as primary (1) The picketing
must be strictly limited to times when the sails of the dispute is located on the secondary
emplo3 er's premises, (2) at the time of the picketing the primary employer must be
engaged in its normal business at the situs • (3) the picketing must be limited to places
reasonably close to the location of the situs , and (4) the picketing must clearly disclose
that the dispute is with the primary emploi er
84 Union de Trabajadorea da la Gonzales Chemical Industries, et al (Gonzalez Chemical
Industries), 128 NLRB 1352, Members Fanning and Bean dissenting, set aside 293 F 2d
881 (CAD C) This ease was decided under sec 8(b) (4) (A) as it stood prior to the
1959 amendments