TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Injunction Litigation 187
issued m the unfair labor practice proceeding before it The Fifth
Circuit, taking cognizance of the provision in section 10(1) for injunctwe
relief "pending final adjudication of the Board," held that upon
entry of the Board's order "the court injunction had fulfilled its
function" and dismissed the appeal as "moot"
1. Secondary Boycott Situations
a Handbilling and Other Publicity
As amended in 1959, section 8(b) (4) (B) pi °Faits strikes and
work stoppages, and tin eats or other coercion and restraint addressed
to employers to compel employe' s to cease handling the products of or
doing business with other persons A pi oviso to the section specifies,
however, that "publicity, other than picketing" is not prohibited to
advise the public "truthfully" that "a product or products" produced
by an employer with whom the union has a "primaty dispute" are disti
ibuted by another employ-el, as long as such publicity does not cause
a secondaly 'Work stoppage In several cases during fiscal 1961, the
district courts wets called upon to construe this proviso in respect to
handbilling and related conduct
In the Piggly "Wiggk case," the union, among other things, distributed
handbills in fiont of the Piggly Wiggly stores m the area
urging the public not to patronize the stores because Piggly Wiggly
had contracted the installation of refrigeration equipment at a new
store to a nonunion contractor The court, rejecting the defense that
the handbilling was protected by the proviso, found that it unlawfully
coerced and iestrained Piggly Wiggly and issued an injunction
restraining the handbilling 27
In industrial Electric Service 28 the district court reached the same
result in respect to handbilling of a retail store at which a nonunion
subcontractor engaged by another subcontractor installed the refrigeration
equipment, the handbills appealing to consumers not to
patronize the store because "Iefrigeration work was done by persons
other than members" of the union The handbilling was enjoined
In Middle South, Broadcasting 19 the union, in furtherance of a
dispute with a radio station, cnculated lists of adveitisers of the
station containing an appeal to the public not to patronize the advertisers
Some of the lists weie circulated to other business houses
ith the notation "We would lather not add you to list" The court,
16 Potter v Plumbers and Pipellttcre, Local 142, 192 I' Sapp 641 (D C W Tex ).
17
the close of the fiscal year, the Board issued its decision finding that the handbilling
was protected by the proviso William Matcra, 133 NLRB No 33
is Shore v Local 712, International Brotherhood of Electrical Workers (Industrial Electric
Service), 48 LERAI 2231 (DC W Pa)
'Plitllsp8 v Local No 662, Radio e 7'c/obi/non Enolveci (Middle South 13) oaileasting
Co ), 192 lr Supp 643 (DC E Tenn )