TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

188 Twenty-sixth Annual Report of the National Labor Relations Board
noting that Congress in the 1959 amendments attempted to "provide
that the union movement would retain its freedom to protect and
advance itself, but not to encioach past the boundary of the freedom
of neutral persons to operate business without undue pressure," and
finding reasonable cause to believe "the wording of the notice contaming
the list of advertisers, and the distribution thereof, goes
further than persuasion," enjoined distribution of the list of
advertisers 2°
In Great Western Broadeasting, 21 two unions having disputes with
a television station conducted a campaign to induce advertisers to
discontinue advertising over the station They organized a telephone
campaign wherein advertisers were told in telephone conversations
that the unions would instigate a consumer boycott against them
unless they ceased doing business with the station, advertiseis were
visited and told that, unless they ceased, the fact that they weie
advertising over the station would be publicized, and some weie shown
handbills which the unions proposed to distribute urging consumers
not to patronize the adveitisers ; handbills were distributed thi oughout
the city appealing to customers not to patronize listed advertisers
who refused to withdraw their business from the station, and the
return of credit cards of a. gasoline company that advertised over
the station was induced The court recognized that the unions "may
legally appeal to the sympathy of advei Users on KXTV in order to
persuade them, voluntarily, to boycott the station," but concluded
that in the instant matter the unions had used "coercive piessure"
on the advertise]. s to accomplish their objective and enjoined the
customer appeals not to do business with the advertisers
In Houston Arniored Car, 22 the couit viewed the ban on iestiamt
and coercion differently without reaching a different result In that
case the union had a dispute 'a ith an armm ed car company which
picked up and delivered cash and other valuables from and to retail
stores, banks, insurance companies, and °thei employe]. s In connection
with the dispute, the union distributed handbills at the pi emises
of retail stores which did business with the armored car company
requesting the public not to pationize the stores The handbills were
distributed not only to customers of the stoics but also to their
employees Because of the handbilbng, some of the ietail stoles
ceased using the sci vices of the ai moi ed cal company The coin L,
2. Subsequent to the close of the fiscal year, the Board issued its decision holding that
the respondent's conduct was protected by the proviso Middle South Broadcasting Co ,
138 NLRB No 185
a Brown v American Pedant:on of Television cg Radio Artists (Great Western Blood
casting Corp ), 191 P Sti pp 676 (1)0 N Calif) Conti a 134 NLRB No 141
= Potter v United Plant Guard WorLere of America (Houston Armored Car Co ), 192 F
Supp 918 (DC S Tex) Conti a 136 NLRB No 9