TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

184 Twenty-sixth Annual Report of the National Labor Relations Board
violations of the new section 8(b) (7) and 8(e) which weie added by
the 1959 amendments° In section 8(b) (7) cases, however, application
"for any restraining order" is prohibited if a charge under
section 8(a) (2) of the act has been filed alleging that the employer
has dominated or interfered with the formation oi administration of
a labor otganization and, after Jnvestigation, there is "reasonable
cause to believe such chaige is tine" Section 10(1) also piovides
that its provisions shall be applicable, "whet e such relief is appropriate,"
to violations of section 8(b) (4) (D) of the act, which section
prohibits strikes and othei coeicion in suppoit of jurisdictional
disputes In addition, section 10(1) piovIdes for issuance of a temporary
iestraining order without notice to the iespondent upon a
petition alleging that "substantial and nreparable injury to the
charging patty will be unavoidable" unless immediate injunctive
relief is granted Such ex parte relief, however, may not extend
beyond 5 days
In fiscal 1961, the Board filed 255 petitions for injunctions undet
section 10(1) This was an increase of 36 over the petitions filed in
fiscal 1960, or an increase of over 16 pet cent As in past years, most
of the petitions were based on charges alleging violations of the
secondary-boycott and sympathy-strike provisions now contained in
section 8(b) (4) (i) (u) (B) of the act Foity-nine petitions involved
charges alleging strikes or othei prosciibed pressure in fuitherance
of jurisdictional disputes in violation of section 8(b) (4) (D) , 3
petitions concerned charges alleging prohibited conduct to compel
an employer or self-employed person to join a labor organization in
violation of section 8(b) (4) (A) , and 2 petitions wete based on
charges alleging strikes against Boaid certifications of repiesentatives
m violation of section 8(b) (4) (C) Nineteen cases were predicated
on clutiges alleging unlawful "hot caigo" agreements under section
8(e) of the act, which section prohibits agreements between employers
and labor organizations wheteby the employer agrees not to do
business with anothei employer, and 12 cases involved charges alleging
strikes or other coercion to obtain such agreements, which conduct 3s
pi osci ibed by section 8(b) (4) (A) of the act Thirty-iune petitions
were pi edicated on charges alleging violations of the recognition and
oiganization picketing prohibitions of subparagraphs (A), (B), or
(C) of section 8(b) (7) Of these, 4 cases involved alleged violations
of subparagraph (A) by recognition picketing when the employer was
lawfully recognizing another union with which he had a conti act
that barred an election, 12 were based on chaiges alleging violations
• See 73 Stat 543, 544 Sec 8(b) (7) makes organization and recognition pieketIn
under certiln circumstances an unfair labor practice sec 8(e) makes "hot cargo" agree
meats unlawful, with certain exceptions for the constiuction and garment industries