TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

194 Twenty-sixth Annual Report of the National Labor Relations Board
house, except on infrequent occasions when a representative of [the
manufacturer] may visit a warehouse to inspect merchandise or for
some similar reason not connected with the management or control
of the warehouses", the manufacturer had "no right of entry into
either" warehouse; and the warehouse operators were paid "at fixed
contract rates for services performed" which rates were not shown to
be "any less than would be appropriate to result in a reasonable profit
to each warehouse company" From these findings, the court concluded
that "neither warehouse company is an ally" of the manufacturer
and that there was ieasonable cause to believe the picketing
at the warehouses violated the secondary boycott section Accordingly,
it enjoined the warehouse picketing
In Publishers' Assn of New York City 45 the union had a dispute
with the company which printed certain Sunday supplements for the
New York Herald Tribune, the New York Mirioi, and the New Yolk
Journal American After the union called a strike at the punting
company, it instructed its members employed at the newspaper plants
not to perform their duties of inserting the Sunday supplements from
the printing company in the Sunday newspapers published by their
employers In defense, the union claimed that the supplements were
"struck work" which it lawfully could order its members at the
newspaper plants not to handle The court rejected the contention
and found that the union action was the "type of conduct which
Congress intended to eliminate" as a secondary boycott under the
act The refusal to work on the supplements at the newspaper plants
was enjoined "
2. "Hot Cargo" Clause Situations and Strikes To Obtain "Hot
Cargo" Clauses
Section 8(e) of the act, added m 1959, makes it an unfair labor
practice for a labor organization and an employer to enter into a
contract or agreement, either express or implied, whereby the employer
ceases or agrees to cease handling, using, selling, tiansporting, or
otherwise dealing in any of the pi oducts of any other employer or
to cease doing business with any other pei son, and declai es that any
contract containing such provisions shall be void The section
exempts, however, certain such agreements in the construction and
clothing industries Section 8(b) (4) (A) of the act was amended
at the same time to make it an unfair labor practice to strike ix
Saynard v New York Mailers Union No 0, etc (The Publishers' Assn of New Yea
City), 191 F Supp 880 (D C SNY) Accord 180 NLRB No 19
44 See NLRB v Business Machine et Office Appliance Mechanics Conference Board, etc
(Royal Typewriter Co). 288 F 2d 553 (C A 2) , !Jowls v Metropolitan Federation of
Architects, etc (Project Engineering Co ), 75 F Supp 672 (DC NY), for discussion
of the kind of "struck" or "farmed out" work a union may lawfully refuse to handle