TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

186 Twenty-sixth Annual Report of the National Labor Relations Board
agreements prohibited by section 8(e), two of which also enjoined
violations of section 8(b) (4) (A) and (B) Two injunctions were
issued enjoining proscribed conduct to compel an employe' or a selfemployed
person to jom a labor organization m violation of section
8(b) (4) (A), one of which also enjoined violations of section 8 (b) (4)
(B) Injunctions were granted in 18 cases involving jurisdictional
disputes in violation of section 8(b) (4) (D) , 7 of these cases also
involved pi °scribed activities uncle]. section 8(b) (4) (A) or (B)
Injunctions were issued in 14 cases involving recognition or organization
picketing in violation of section 8(b) (7) Of these, one
involved picketing where another labor organization had been recognized,
in violation of subparagraph (A) ; six concerned picketing
where a valid election had been conducted within the preceding 12
months, in violation of subparagraph (B) , and seven involved picketing
which had been conducted beyond a ieasonable period of time
without a petition for an election having been filed as required by
subparagraph (C). The injunctions m two of the latter cases also
enjoined violations of section 8(b) (4) (A) oi (B)
Of the 13 injunctions denied, 2 involved alleged secondary boycott
situations under section 8(b) (4) (B), 4 involved alleged jurisdictional
disputes under section 8(b) (4) (d), 1 involved an alleged attempt to
compel a self-employed person to join a labor organization in violation
of section 8(b) (4) (A), 1 involved an alleged "hot cargo" agreement in
violation of section 8(e), and 5 involved alleged recognition or organization
picketing in violation of section 8(b) (7)-2 under subparagraph
(B) and 3 under subparagraph (C)
During the fiscal year there were two cases involvmg procedui al
questions applicable to all 10(1) proceedings In one case," the
district court dismissed a 10(1) petition upon the General Counsel's
iefusal to produce agency files to test the regional directoi's assei -
tion of reasonable cause to belie e the charge pioceeded upon had
merit 23 An appeal was taken but before the appeal could be heal d
the charge before the Board was withdrawn Although the appeal
thereby was made moot, the Third Circuit nonetheless granted the
Board's motion to vacate the lower court's judgment 14 In anothei
case," the respondent union sought review of a section 10(1) injunction
notwithstanding that the Board's order m the meantime had
Schauffler v Highway Truck Driver s d Helpers (Enter y Ti anaportation Co ), 47 LRRBI
2400 (DC E Pa )
12 Contra, see Madden v International Hod Carr tem Building d Common Laborers' Union
(Calumet Conti actors Assn ), 277 F 2d 688 (C A 7) , Schauffler v Highway Truck Drivers
it Helpers, etc (E A Gallagher), 182 F Supp 164 (DC Pa )
14 Schauffier v Highway Traci.. Drivere d Helpe ts (Emery Transportation Co ), Feb 7,
1061 (No 13,488, CA 8)
12 Carpenters' District Council of Miami, etc v Bowe (George Construction Co ), 288
F 20454 (CA 8)