TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Unfair Labor Practices 149
'elusion in Stork by the following quotation from a district court
ruling 16 in another 8(b) (7) proceeding
While the main thrust of this new amendment to the Labor Management Relations
Act was to prevent recognition picketing by a union representing a ininolity
of employees or none at all, 8(b) (7) (0) simply sets up a procedure whereby the
factual qualifications of a union to act as the representative of a group of employees
is to be determined by the NLRB Congress plainly felt that it
was in the public inteiest to have the question of majority or minority iepiesentation
determined at an &illy stage by a speedy election The burden of going
through the proceedings falls upon those who are in fact right as well as those
who are in fact wrong—something which is common to nearly all parties who
appear before fact-finding tribunals
In these cases," a majority of the Board also rejected the unions'
argument that section 8(b) (7) should not be interpreted to make
organization and recognition picketing in the face of employer unfair
labor practices unlawful In Blinne, the picketing union had actually
filed charges against the employer, some of which. were dismissed,
while others were made the subject of a Board-approved settlement
agreement The Board majority pointed out that Congress had rejected
a proposal which would have had the effect of establishing as
a defense to an 8(b) (7) charge the fact than an 8(a) complaint had
been issued to show that an unfair labor practice had been committeed
by the employer Furthermore, the act as passed provides only that an
8(a) (2) chaige shall preclude an application for a court restraining
older under 8(b) (7) In Stork, the same conclusion was reached
where no charges had been filed against the employer And in
Charlton Press, the Board majority stated that "an employer's unfair
labor practices—whether actual or only alleged—are no defense to an
8(b) (7) allegation"
(1) "Informational" Picketing
The second proviso to section 8(b) (7) (C) provides an exemption
for picketing "for the purpose of truthfully advising the public" that
an employer does not employ members of, or have a contract with, a
union—unless such picketing has the effect of inducing "any individual
employed by any other person in the course of his employment,
not to pick up, deliver, or transport any goods or not to perform any
services."
During fiscal 1961, the Board, in Crown Cafeterza,18 considered the
"Greene v International Typographical Union (Marlton Press), 182 F Supp 788
(DC Conn )
"See also International Typographical Union (Charlton Press), 130 NLRB 727, Member
Fanning dissenting, and footnote 14, above
m I Local Joint Executive Board of Hotel G Restaurant Employees (Crown Cafeteria),
130 NLRB 570, Members Jenkins and Fanning dissenting