TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

180 Twenty-sixth Annual Report of the National Labor Relations Board
organization or recognition, not merely to create a climate in the shop
favorable to the union"
The union furthei contended that its activity was not covered by
section 8(b) (7) (C) because it was not afforded a "reasonable time"
to picket without petitioning for an election under section 9(c)
According to the union, a "reasonable period of time not to exceed
30 days" must be read to mean "thirty days" The court answered
by stating that 30 days is the outer limit and that the Board has
the authority to fix shorter periods as "reasonable" ones according to
the particulai fact situation The court agreed with the Board that
the union had a ieasonable time—a period of 2 weeks—in which to
file a representation petition
The court also rejected the union's claim, based on the Board's Rules
and Regulations 66 requiring filing of a charge as a prerequisite to the
expedited procedure in 8(b) (7) (C), that as a result of the practices
hen (the complaint was issued a short period of time after the charge
was filed) the time in which it could invoke the expedited procedure
was considei ably reduced The court pointed out that in every
8(b) (7) (C) case a petition must be filed under section 9(c) in order
to validate the continuation of organization picketing Whether the
Board will invoke the expedited procedure is another matter, the court
stated, and the union had no "right" to the expedited procedure when
it failed to file a petition
Nor did the "publicity" proviso to section 8(b) (7) (C) 67 render
the picketing lawful, the court held, because there was substantial
evidence to show that the picketing caused a stoppage of deliveries,
thereby iblinging the picketing within the delivery-stoppage exception
to the publicity proviso
e Effect of Section 8(f) on Section 8(b) Proscriptions
Section 8(f) of the act, added by the 1959 amendments, provides
in part that it shall not be an unfair labor practice for employers and
umons in the building and constiuction industry to enter into any
agreement before the union's majority status has been established
under section 9, or to enter into certain kinds of hiring-hall agreements
In the Gthmore Construction case," the Eighth Circuit rejected the
union's contention that section 8(f) pi otected its picketing at a con -
stiuction site, which the Board had held violative of section 8(b) (4)
" Secs 102 73-102 82
57 proviso exempts from the operation of sec 8(b) (7) (C) "picketing or other pub
licity" for certain purposes "unless an effect of such picketing is to induce any individual
employed by xn1 other person in the course of his employment, not to pick up, deliver or
transport any goods or not to perform any services"
se NLRB v International Hod Carriers, Building d Common Laborers' Union of
America, Local No 1140, 285 F 2d 397, certiorari denied 386 LI S 908