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Injunction Litigation 163 faith challenging the union's certification in the only possible manner. In another case 8 where the Board sought inj unctive relief to require the reinstatement of employees allegedly discharged in violation of the Act because of their participation in organizational activities, it was denied by the court which found interim relief unnecessary to maintain the status quo pending Board resolution of the charges. It noted that 39 of the 41 employees involved had obtained gainful employment elsewhere, the employer had not sought to replace them, and to direct their reinstatement would only subject them to dismissal again should the Board find the discharges to be economically motivated as the employer contended and as was indicated by the lack of necessity to hire replacements. The petition for injunctive relief in the American Beef Packers 9 case was granted upon the court's agreement that there was reasonable cause to believe that the employer had violated the Act in rendering unlawful assistance to a union by coercing its employees to sign authorization cards and dues checkoffs for the union and by entering into a collective-bargaining contract with it without prior negotiation at a time when it did not represent an uncoerced majority of the employees. To preserve the status quo the court, in addition to enjoining the unlawful acts of assistance, directed that all moneys collected pursuant to the checkoff be placed in escrow pending Board decision on the issues. The actions of an employer and a union were enjoined by the court in the Centac case,i° where the court found reasonable cause to believe they had violated the Act by extending their unionsecurity contract applicable to employees in one unit to the employees in another unit which they contended was an accretion, notwithstanding that a majority of those employees had designated a rival union as their collective-bargaining agent and that union had demanded recognition from the employer. In addition, the employer had permitted the incumbent union to solicit employees to sign authorization cards during working hours, and discharged several employees for failure to join the assisted union. Finding that the actions were continuing ones which would be repeated if not enjoined, the court directed the employer to withdraw and withhold recognition from the union and withhold enforcement of the contract pending Board disposition. 8 Johnston v. J A. Hackney & Sono, 300 F.SupP. 375 (D.C.N.C.). ° Waers v. American Beef Bookers, Civil No. C-1116 (D.C.Colo.) (unreported). 10 Kaynard v. Centac Corp., & Loc. 806, Teamsters, 70 LRRM 3409, 60 LC I 10,062 (D.C.N.Y.).
164 Thirty-fourth Annual Report of the National Labor Relations Board In two cases 11 injunctions under section 10(j) and 10(1) were sought against the International Longshoremen's Association and certain of its constituent locals to enjoin continuation of actions, alleged to be in violation of section 8(b) (3) and 8(b) (4) (i) and (ii) (B), serving to perpetuate a work stoppage immobilizing the major eastern and southern seaports. In entering temporary restraining orders under section 10(j) in each instance 12 the courts found reasonable cause to believe the unions in each instance were violating section 8(b) (3) by refusing to bargain in good faith in that they had (1) refused to submit an agreed contract to the unit membership, (2) recommended to the membership that the agreement be rejected because agreement had not been reached in other ports not within the bargaining unit, and (3) conditioned submission of the agreement for membership ratification upon the consummation of agreements at other ports. The courts ordered the unions to bargain in good faith and submit the agreements to their respective employee units for a ratification vote. The restraining orders were vacated and the petitions withdrawn when the unions complied with all its terms and provisions. B. Injunction Litigation Under Section 10(1) Section 10(1) imposes mandatory duty on the Board to petition for "appropriate injunctive relief" against a labor organization or its agent charged with a violation of section 8(b) (4) (A), (B), and (C), 33 or section 8 (b) (7) , 14 and against an employer or union charged with a violation of section (8) (e), 15 whenever the General Counsel's investigation reveals "reasonable cause to believe that such charge is true and a complaint should issue." In cases arising under section 8(b) (7), however, a district court injunction may not be sought if a charge under section 8(a) (2) ', Paschal v. General Longshore Workers (New Orleans Steamship Assn.); Civil No. 69-317 (D.C.La.) (unreported). Danielson v. ILA (New York Shipping Assn.), 69 Civil 539 (D.C.N.V.) (unreported). "Ruling on the section 8 (b) (4) (i) (ii) (B) allegations was reserved by the courts. " Sec. 8 (b) (4) (A), (B), and (C), as enacted by the Labor Management Relations Act of 1947, prohibited certain types of secondary strikes and boycotts, strikes to compel employers or self-employed persons to join labor or employer organizations, and strikes against Board certifications of bargaining representatives. These provisions were enlarged by the 1959 amendments of the Act (Title VII of Labor-Management Reporting and Disclosure Act) to prohibit not only strikes and the incumbent of work stoppages for these objects but also to proscribe threats, coercion, and restraint addressed to employer for these objects, and to prohibit conduct of this nature where an object was to compel an employer to enter into a hot cargo agreement declared unlawful in another section of the Act, sec. 8(e). " Sec. 8 (b) (7), incorporated in the Act by the 1959 amendments, makes organizational or recognitional picketing under certain circumstances an unfair labor practice. 15 Sec. 8(e), also incorporated in the Act by the 1959 amendments, makes hot cargo agreements unlawful, with certain exceptions for the construction and garment industries.
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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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PERCENT PERCENT 100 100 1111111 90
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II Jurisdiction of the Board The Bo
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VI Unfair Labor Practices The Board
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Participating unions AFL-CIO v. AFL
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Participating unions AFL-CIO v. AFL
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