TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

204 Twenty-sixth Annual Report of the National Labor Relations Board
In the Islander camp the union, after losing an election, continued
to picket with a new sign addressed to the public and stating that the
employer "Does Not Have a Contract With" the union, claiming that
the "type of picketing had changed from organizational and recognitional
to informational" Stating that the "proviso contained in
Subdivision 7(C) but confirms the fact that the Congress must have
thought that what is called 'informational picketing' is forbidden,"
because "if it was not the exception was not necessary," and noting
that it was "doubtful that to anyone the new sign would carry any
different meaning than the sign carried in the pre-election picketing,"
and taking into account the union's persistent quest for recognition
up to the change in the picket sign, the court found reasonable
cause to believe that the postelection picketing violated section 8(b)
(7) (B) and issued an injunction
In Woodward Motors 8° the court reached a similar result and
issued an injunction in respect to so-called proviso picketing (see
below, p 206) that followed close on the heels of an orgamzational
drive and a lost election, stating that it "would be naive to conclude
that [the union's] sole object was to inform the public under the
circumstances shown here" See also Blinstrub," where the court also
found reasonable cause to believe that picketing after a lost election
violated the act and enjoined it
In II ested,88 however, the court refused to enjoin picketing with a
proviso sign which began a month and a half after an election in
which the union had filed a disclaimer of interest The court, holding
that the existe4.ce of an organizational or recogmtional objective
before the election does not preclude a union from engaging in lawful
activity at a future time, concluded that the evidence of the union's
conduct since its disclaimer was "insufficient to show a reasonably
immediate object of forcing or requiring recognition or organization"
Even though "the case is not entirely free from doubt," the court concluded
that the evidence was insufficient "to justify the issuance of
an injunction"
f Other Organization and Recognition Picketing
Subparagiaph (C) of section 8(b) (7) prohibits other recognition
oi organization picketing for more than a reasonable period of time,
85 Kennedy v Los Angeles Joint Executive Board of Hotel 5 Restaurant Employees (The
Islander), 192 F Bugg 339 (D C S Calif)
el Vincent v Local 182, Intonational Brothc hood of Teamsters (Woodward Motors),
Wirch 1, 1901, (No 8481, DC N NY) Accord 135 NLRB No 90
87 Greene v Local Joint Executive Boat d of Boston, Hotel d Restaurant Employees'
Union (Blinstrub's Village d Grille, Inc ), 47 LRRM (D C Mass )
Se Graham v Retasl Clerks International Association, Local No 57 (Flested Stoics Co ),
188 F Sum) 847 (DC Mont )