TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Enforcement Litigation 179
under the Supreme Court decision in General Electric a sepal ate gate,
which was lacking here, was a controlling considei ation
(3) Strikes To Force Recognition Where Other Union Is Certified—
Section 8(b) (4)(C)
In the S2711M0918 case,°3 the First Circuit disapproved the Boaid's
action in dismissing a complaint which alleged that an employee committee
had violated the act by striking with the object—proscribed by
clause (C) of section 8(b) (4)—of compelling the employer to recognize
and bargain with it instead of with the union which was the certified
bargaining representative The court i ejected, as unsupported by
the evidence and without passing on its legal materiality, the contention
that the committee was merely seeking lecognition as "a joint
bargaining arm of a certified labor organization"
d Organization and Recognition Picketing—Section 8(b)(7)
One case decided during the yea]. involved the svpe of section 8(b)
(7) (C) of the act, which was added by the 1959 amendments." In
this case," the Second Circuit approved the Board's finding that the
union violated these provisions by continuing recognition and organization
picketing, which caused a substantial cessation of deliveries, foi
at least 13 days after the effective date of the amendments The court
held without merit the union's contention that it did not have recognition
or organization as an "object" and that, in any event, the picketing
did not have an object of "forcing or requiring" recognition oi
organization The court found that the union's conduct independently
proved, apart from the exercise of any piesumption, that its picketing
continued to have a recognition-organization object after section 8(b)
(7) became effective The court also rejected the union's defense that
its object was not to "force or require" recognition or organization on
the ground that such language contemplates physical violence or
threats thereof The statutoi y language "force or iequire," the
coui t stated, "refers to the intended effect of the picketing, not the
manner in which the picketing is carried on, to the 'object,' not the
method, and it is clear that the union's object was swiftly to compel
13 Simmons, Inc v NLRB, 287 F 2d628
"Sec 8(b) (7)(C) provides, in part
"It shall be an unfair labor practice for a laboi organization to picket any
employer where an object theicof lb forcing or ;squiring an emploi et to lecognize oi bargain
with a labor cuganization as the represented% e of Ills faulloyl es, or forcing or regal,-
big the employ ees of an employer to accept or select such labor organization as their
collective bargaining representative where such picketing has been conducted without
a petition under section 9(c) being filed within a reasonable period of time not to exceed
thirty days from the commencement of such picketing Provided, That when such I pal
bon has been filed the Board shall forthwith direct an election
o NLRB v Local 239, Into; national Motherhood of Tcatnatere, etc (Stan Jay), 289
II' 2d41
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