TWENTY-SIXTH ANNUAL REPORT - National Labor Relations Board

Injunction Litigation 205
not to exceed 30 days, without the filing of a petition for a Board
election This subparagraph is intended to regulate such picketing
where then is no lawfully recognized union holding a contract which
would bar an election, or where there has been no election within the
preceding 12 months, in either of these two situations such picketing
is not permitted for any period Where a timely petition is filed,
subparagraph (C) provides for an expedited election ° A proviso
specifies, however, that under this subparagraph picketing "for the
purpose" of advising the public that the employer "does not employ
members of, oi have a contract with," the union is not prohibited
unless it stops deliveries or causes a secondary work stoppage 9°
(1) Reasonable Period of Time Which Picketing May Continue Without Filing of
Election Petition
The subpaiagi aph specifies that the petition for an election to
qualify as a bar to an unfair labor practice proceeding must be
"filed within a reasonable period of time not to eveed thirty days
nom the commencement of such picketing" In Baronet °I the First
Circuit affirmed the district court's injunction where application for
the relief was made pi ior to the expiration of the 30 days In reaching
this result, the corn t of appeals pointed out that "the picketing
was accompanied by &solder, confusion and violence, and that on
occasion an effect of the picketing was to prevent deliveries," and that,
in any event, the injunction was not issued until more than 30 days
after commencement of the picketing 92 In Colson & Stevens 93 two
unions picketed construction pi ojects of the employer at different
times, each time for less than 30 days Concluding that there was
"reasonable cause to believe that the [two unions] were acting jointly
and in concert with and in support of each other's demands," the court
found that the picketing had "exceeded the thirty days allowed"
under the subsection and enjoined both unions from further picketing
of the projects for an object pi oscribed by the section
so The election provisions were considered in Graham v Retail Clerks International Asao
elation, Local No 57 (Heated Stores Co ) above
go The proviso in full states
"Provided further, That nothing in this subparagraph (C) shall be construed to prohibit
any picketing or other publicity for the purpose of truthfully advising the public (including
consumers) that an employei does not employ membeis of, or have a contract with, a
labor organization, unless an effect of such picketing is to induce any individual employed
by any other person, in the course of his employment, not to pick up, deliver or transport
anj goods or not to perform any services"
Si Local 346, International Leather Goods Union v Compton (Bat onet of Puerto Rico),
292F 2d313 (CA 1)
02 Subsequent to the close of the fiscal year the Board issued its decision finding that an
object was recognition Baronet of Puerto Rico, lac, 133 NLRB No 162
03 Kennedy'. Construction, Production it Maintenance Laborers' Union (Colson ce Stevens
Consttuction Co ), June 6, 1961 (No 3563—Phz, DC Ariz )