TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

200 Twenty-sixth Annual Report of the National Labor Relations Board
declared unlawful in section 8(b) (4) (D), including picketing when
employees were not working at the plant, holding that the proviso
which permits certain kinds of primary picketing 71 does not apply in
a section 8(b) (4) (D) case 72
In the DuPont case," the company s consti notion department was
engaged in construction work at one of its plants The company
had, in the past, both subcontracted out sheet metal work to subcontractors
who employed respondent union's members and performed
it with employees it hired direct who weie not members of respondent
union The union picketed the construction project to force the
company to subcontract sheet metal work on the instant job to a
subcontractor who had a contract with it The court, finding that
the company had iefused to subcontract the work because of the
union's travel pay demands, held that section 8(b) (4) (D) was mapplicable
In reaching this conclusion, the court construed the Supreme
Court's decision in the CBS case 74 to hold that sections 8(b)
(4) (D) and 10(k) related solely to situations in which an employer
is caught in the middle between conflicting jurisdiction demands of
two groups Finding only a dispute between the company and the
iespondent union, the court denied injunctive relief on the ground
that the controversy was not covered by 8(b) (4) (D)
' 5 Recognition and Organization Picketing
Section 8(b) (7), added to the act by the 1959 amendments, declares
certain recognition or organization picketing by a union which is
not currently certiNd as the representative of the employees involved
to be an unfair laboi practice Subparagraph (A) of the section
states that such picketing is prohibited when another union has been
lawfully iecognized by the employer as the representative of the
employees involved and the Board is prohibited from conducting
an election because of its contract-bar rule Subparagraph (B) provides
that such picketing is unlawful within 12 months following a
valid election, during which period the Boaid is prohibited by virtue
of section 9(c) (3) from holding a further election Subparagraph
(C) —which applies to those situations in which the Board is free
at the time to conduct an election—states that such picketing is prohibited
after a reasonable period of time, not to exceed 30 days, unless
a petition has been filed with the Board for a resolution of the repre-
71 See above, p 192
72 See also McLeod v Local No 46, Wood, Wire d Metal Lathers etc (Precrete, lac),
48 LRRM 2689 (D C ENY) a similar case where an Inpinction was granted
-11 Penedlo v Local Union No 59, Sheet Metal Workers (B I DuPont de Nemours C Co ),
48 LRAM 2495 (DC Del ).
"NLRB v Radio ci Television Broadcast Engineers Union Local 1212 (Columbia
Broadcasting System), 364 US 573