1 - National Labor Relations Board

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Unfair Labor Practices 103 was a neutral powerless to resolve the underlying dispute. It pointed out that the decision to invoke the regulation was not a unilateral one but rather one in which the employer association representing the steamship lines and their agents had participated. The employers were, in fact, the direct beneficiaries of the action taken by the port authority, as it eliminated the cost to the employer of the clerk crews otherwise maintained and reduced to a predictable minimum the costs to the employers after expiration of the free-time period for claiming the cargo. Under these circumstances the Board dismissed the complaint, concluding that the union "had a lawful work preservation object in attempting to retain for its members clerical work theretofore performed by them and of which they were summarily deprived by their employer, acting in concert with the port authority and others." 2. Permissible Primary Activity The recurrent problem of determining what union activity within the ambit of clauses (i) or (ii) of section 8(b) (4) is nonetheless permissible because it is primary activity not motivated by a prohibited object, was faced by the Board in several contexts. The circumstances which satisfy the requirement of the presence of the "primary employer" at a common situs to render picketing there legitimate activity were further defined by the Board in the Auburndale Freezer case. 83 The picketing by employees of the primary employer at the site of an independently owned and operated freezer warehouse where the primary employer delivered his product for storage until picked up by commercial carriers was found in that case to be legitimate picketing in conformance with the Moore Dry Dock standards, even though no products were being delivered at the time of the picketing due to the strike. Although the freezer warehouse served many other employers, the Board found the primary employer constantly present there in view of his long use of the warehouse, his long-term reservation of a large storage capacity, and the fact that his products were then stored at the warehouse, were regularly brought to the warehouse by his employees, and were shipped by the warehouse only in accordance with instructions from him." "United Steelworkers of America, Loc. 6991 (Auburndale Freezer Corp.), 177 NLRB No 108. 84 Members Fanning, Jenkins, and Zagoria for the majority Chairman McCulloch and Member Brown, dissenting, would not base a finding of the "presence" of the primary employer at a situs upon the simple presence of that primary employer's product, pursuant to an established business relationship, on the separate premises of a neutral employer independently engaged in another business. 384-517 0 - 70 - 5
104 Thirty-fourth Annual Report of the National Labor Relations Board In the American Guild case, 85 the Board applied in an unusual context the established principle that direct appeals to all those approaching the situs of a dispute for the purpose of contributing to the operations which the strike is seeking to halt is traditional primary activity outside the scope of section 8(b) (4). In support of a strike by the union representing the orchestras at Nevada gambling casinos, AGVA sent telegrams to those of its members scheduled to provide star entertainment at the casinos advising them to honor the picket lines or they would be in violation of the union constitution and subject to disciplinary action. The Board noted that the request to honor the primary picket lines called for action only at the situs of the dispute and was not substantially different than the appeal of the striking union in conducting the picketing. As such, it found the conduct was not illegal secondary activity by virtue of the fact that it assisted another union in that union's labor dispute. The Board also found that the performances of the star entertainers to whom the appeals were directed were considered to be customary and necessary adjuncts of the casino operations, enhancing the financial success of the casinos. It therefore concluded that the communications were appeals for actions constituting permissible primary activity and dismissed the complaint. 3. Work Preservation Issues The Board has long held, with court approval, that a union's strike to preserve the work of employees in the bargaining unit represented by it is primary action within the protection of the proviso to section 8(b) (4) (B), 86 notwithstanding that it may also have a secondary impact. 87 It_is equally well established, however, that a similar strike to preserve the work of union members generally exceeds the legitimate interests of the union in the bargaining unit and therefore constitutes secondary activity prohibited by section 8(b) (4) (i) and (ii) (B) of the Act. The Board had occasion during the year to draw this line in several cases, among them one 88 in which the union brought 6'5 American Guild of Variety Artists (Harrah's Club), 176 NLRB No. 77. 8° The proviso reads as follows: "Provided, That nothing contained in this clause (B) shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing." "E.g., Intl. Assn. of Heat & Frost Insulators, 148 NLRB 866, enfd. in part glib nom. Houston Insulation Contractors Assn v. N.L.R.B., 357 F.2d 182 (C.A. 5), offd. 386 U.S. 664. as Teamsters, Chauffeurs, Warehousemen & Helpers, Local 386, IBT (R. P. B. Trucking), 172 NLRB No. 102.
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TMR.TY-FOURM ANNUAL REPORT
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NATIONAL LABOR RELATIONS BOARD Memb
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7 TABLE OF CONTENTS CHAPTER I. Oper
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Table of Contents ix Page 1. Preser
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2 Thirty-fourth Annual Report of th
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1 8 Thirty-fourth Annual Report of
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10 Thirty-fourth Annual Report of t
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PERCENT PERCENT 100 100 1111111 90
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II Jurisdiction of the Board The Bo
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V Representation Cases The Act requ
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154 Thirty-fourth Annual Report of
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IX Injunction Litigation Section 10
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Table 3A.—Formal Actions Taken in
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Table 4.—Remedial Actions Taken i
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Table 5.—Industrial Distribution
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Table 6.—Geographic Distribution
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Table 7.-Analysis of Methods of Dis
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it! All C cases CA cases CB cases C
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Stage of disposition ' Table 8.-Dis
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Table 10.-Analysis of Methods of Di
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Table 11A.—Analysis of Elections
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Table 13.-Final Outcome of Represen
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Participating unions AFL-CIO v. AFL
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Table 14.-Valid Votes Cast in Repre
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Participating unions AFL-CIO v. AFL
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144 0 Table 16.-Industrial Distribu
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1.) LA, iv Table 17.-Size of Units
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Table 18.-Distribution of Unfair La
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Table 19.-Litigation for Enforcemen
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Table 20.—Injunction Litigation U
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1 - National Labor Relations Board

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