TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

158 Twenty-sixth Annual Report of the National Labor Relations Board
Moore Dry Dock critena 25 These criteria were later applied by the
Board to common situs situations which occurred on the primary
employees own premises 26 In the Court's view a similar accommodation
was required m the situation presented here, and the "key to
the problem [is] found in the type of work that is being perfoimed
by those who use the separate gate" That is, if the independent
contractors "were performing tasks unconnected to the normal operations
of the struck employer," the Board could properly legard the
picketing at the separate gate as secondary "On the other hand, if
a sepal ate gate weie devised for regular plant deliveries, the barring
of picketing at that location would make a clear invasion on traditional
pi nnary activity of appealing to neutral employees whose tasks
aid the employer's everyday operations" In sum, adopting the test
enunciated by the Second Circuit in Phelps Dodge 7 the Court stated
the governing criteria to be as follows "There must be a separate
gate, marked and set apart from othei gates, the work done by the
men who use the gate must be unrelated to the normal operations of
the employer, and the work must be of a kind that would not, if done
when the plant were engaged in its iegular operations, necessitate
curtailing those operations"
Since neither the Board nor the lower court took into account the
extent to which the separate gate was used by employees of independent
contiactois who performed conventional maintenance work necessary
to the normal operations of General Electric, the Court remanded
the case for Board determination of this issue
4. Exclusive Recognition of a Minority Union
In the Bernhard-Altmann case," the Supreme Court, affirming the
decision of the District of Columbia Circuit," sustained the Board's
conclusion that an employer violated section 8(a) (2) and (1), and a
union section 8(b) (1) (A), by entering into a contract which accords
exclusive iecognition to the union at a time when the union repiesents
only a minoxity of the employees in the bargaining unit 3° The Court
25 Saatme Union of the Pacific (Moore Dry Dock Oo ), 92 NLRB 547,549 Under the
rules announced in this case picketing may be regarded as lawful if (a) The picketing is
strictly limited to times when the situs of the dispute is located on the secondary employer's
premises, (b) at the time of the picketing the primary employer is engaged in its
normal business at the situs , (c) the picketing is limited to places reasonably close to
the location of the situ , and (d) the picketing discloses clearly that the dispute is with
the primary employer
• Projemonal and Business Men's Life Insurance Co, 108 NLRB 303, Crystal Palace
Market, 116 rums 858
• United Steelworkers of America v NLRB, 289 F 2d 591, enfg Phelps Dodge Refining
Corp 0.26 NLRB 1387
International Ladies' Garment Workers' Union v NLRB, 866 US 781
21 280 F 2d 818 Twenty fifth Annual Report, pp 129-130
80 122 NLRB 1289 Twenty-fourth Annual Report, pp 88-87