TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

VII
Injunction Litigation
Sections 10 (j) and (1) authorize application to the US &stud
courts, on petition on behalf of the Board, for injunctive relief
pending healing and adjudication of unfair labor practice charges
by the Board
Section 10(j) provides that, after issuance of an unfair labor practice
complaint against an employer or labor organization, the Board,
in its discretion, may petition "for appropriate temporary relief or
lestraming order" in aid of the unfair labor practice proceeding
before it The court in which the petition is filed has jurisdiction to
grant "such temporary relief or restraining order as it deems just
and propel " In fiscal 1961, the Board filed only one petition foi
temporary relief under the discretionary provisions of section 10(j)
In that case, involving a union's strike to modify contract terms in
violation of section 8(b) (3) and 8(d), an injunction was issued 2
Section 10(1) imposes a mandatory duty on the Board to petition
for "appropriate injunctive relief" against a labor organization or its
agent with respect to certain charged violations of the act whenevei
the General Counsel's investigation reveals "reasonable cause to
believe that such charge is true and a complaint should issue" Ab
set forth in the report for fiscal 1960,5 the provisions of section 10(1)
were extended by the 1959 amendments to the act 4 to apply not only
to violations of section 8(b) (4) (A), (B), and (C), which were
incorporated in the act in the amendments of 1947,5 but also to cover
1 Table 20 in appendix A lists injunctions litigated during fiscal 1961, table 18 contains
a statistical summary of results
a McLeod v Compressed Air, Foundation, Tunnel, eto Wm Lent (Catapano-Grow), 194
F Stipp 479 (DC ENY ), affd 292F 2d 358 (C A 2)
a Twenty-fifth Annual Report of the National Labor Relations Board, pp 145-146
Title VII of the Labor-Management Reporting and Disclosure Act of 1959 (73 Stet
541)
a Labor Management Relations Act, 1947 (61 Stat 149) These sections, Prior to the
1959 amendments, prohibited secondary strikes and boycotts, strikes to compel employers
or self employed persons to join labor or employer organirations, and strikes against Boni d
certifications of bargaining representatives In the 1959 amendments, these sections were
enlarged to prohibit not only strikes and the inducement of work stoppages for these
objects but also to proscribe threats, coercion, and restraint addressed to employers for
these purposes, and to prohibit conduct of this nature where an object was to compel an
employer to enter into a "hot cargo" agreement declared unlanful in another section of
the act, sec 8(e)
183