TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

148 Twenty-sixth Annual Report of the National Labor Relations Board
8. Recognition and Organization Picketing by Noncertified
Union
Section 8(b) (7) of the act makes it an unfair labor pi actice for a
labor organization, in specified situations, to picket or du eaten to
picket an employer for the purpose of obtaining recognition or bargaining
from the employer, or acceptance from his employees as
bargaining representative, unless the labor organization has been certified
as such representative Such recognition or organization picketing
is pi ohibited under the three subsections of 8(b) (7) as follows
(A) Where another union is lawfully recognized by the employer, and
a question concerning representation may not be appropriately raised
under section 9 (c) , (B) where a valid election has been held witlun the
preceding 12 months; or (C) where no petition for a Board election
has been filed "within a reasonable period of time not to exceed 30
days from the commencement of such picketing" Subsection (C)
provides further that if a timely petition is filed, the representation
proceeding shall be conducted on an expedited basis 10 However,
picketing for informational purposes stated in the second proviso
to subsection (C) is exempted from the prohibition of subsection (C),
unless it has the effect of mducmg work stoppages by employees of
persons doing business with the picketed employer
During the past fiscal year the Board decided eight cases under
section 8(b) (7) Six of these arose under subsection (C), one undei
subsection (A), and one under subsection (B) In one of the (C)
cases, the Board dismissed the allegation because the firm picketed
was in fact a partnership of self-employed subcontractors rather than
an "employer" witlim the meaning of the section 11 The case aiming
under subsection (B)'- was dismissed because the employer's volume
of business did not meet any of the Board's jurisdictional standards 23
a Scope of Section 8(b)(7)14
The unions m the Stork Re8tattrant and Blvnne cases 15 contended
that section 8(b) (7) was intended to outlaw minouty but not majority
picketing However, the Board held that the section contains no
such limitation on the scope of its operations, and buttressed its con-
"Issues affecting such representation proceedings are discussed above, pp 33, 35, and 66
11 Local 1926 Carpenters (Spar Butiders), 131 NLRB No 116
"District 76, Retail Store Union (Morgan Shoe Oo ), 129 NLRB 1339
la For a discussion of the Board's standards see above, pp 22-31
14 The lead cases in the sec 8(b) (7) (C) area are Crown, Blinne, Stork, and Chariton,
hereinafter discussed Crown is pending before the Board on motions for reconsideration
and clarification, Bhnne, Stork, and Charlton on motion for reconsideration
15 Chafe, Cooks, etc. Local 89 (Stork Restaurant), 130 NLRB 548, International Hod
Carriers, Local 840 (Bisnne Construction Oo ), 130 NLRB 587, Member Fanning dissenting
See footnote 14, above