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Injunction Litigation 165 of the Act has been filed alleging that the employer had dominated or interfered with the formation or administration of a labor organization, and after investigation, there is "reasonable cause to believe such charge is true and that a complaint should issue." Section 10(1) also provides that its provision shall be applicable, "where such relief is appropriate," to violations of section 8(b) (4) (D) of the Act, which prohibits strikes and other coerctive conduct in support of jurisdictional disputes. In addition, under section 10(1) a temporary restraining order pending the hearing on the petition for an injunction may be obtained, without notice to the respondent, upon a showing that "substantial and irreparable injury to the charging party will be unavoidable" unless immediate injunctive relief is granted. Such ex parte relief, however, may not extend beyond 5 days. In fiscal 1969, the Board filed 190 petitions for injunctions under section 10(1). Of the total caseload, comprised of this number together with the 20 cases pending at the beginning of the period, 57 cases were settled, 7 were dismissed, 13 were continued in an inactive status, 25 were withdrawn, and 23 were pending court action at the close of the report year. During this period 86 petitions went to final order, the courts granting injunctions in 78 cases and denying them in 8 cases. Injunctions were issued in 43 cases involving secondary boycott action proscribed by section 8(b) (4) (B) as well as violations of section 8 (b) (4) (A) which proscribes certain conduct to obtain hot cargo agreements barred by section 8(e). One case involved violations of section 8(b) (4) (C) to require recognition where the Board had certified another union as representative. Injunctions were granted in 21 cases involving jurisdictional disputes in violation of section 8(b) (4) (D), of which also inolved proscribed activities under section 8(b) (4) (B). In two cases section 8(e) violations were involved. Injunctions were also obtained in 11 cases to proscribe alleged recognitional or organizational picketing in violation of section 8 (b) (7). Of the eight injunctions denied under section 10(1), six involved alleged secondary boycott situations under section 8(b) (4) (B), one involved alleged jurisdictional disputes under section 8(b) (4) (D), and one case arose out of charges involving alleged violations of section 8(e). Almost without exception the cases going to final order were disposed of by the courts upon findings that the established facts under applicable legal principles either did or did not suffice to support a reasonable cause to believe" that the statute had
166 Thirty-fourth Annual Report of the National Labor Relations Board been violated. Such being the basis for their disposition, the precedence value of the case is limited primarily to a factual rather than a legal nature. The decisions are not res judicata and do not foreclose the subsequent proceedings on the merits before the Board. Three of the cases decided during the year, however, are noteworthy. In the Los Angeles Herald-Examiner case, 16 the Ninth Circuit Court of Appeals affirmed the action of the District Court 17 in granting a temporary injunction under 10(1) against a group of unions representing the employees of a newspaper publisher, based upon a finding of reasonable cause to believe that they violated the secondary boycott provisions of the Act by picketing neutral employers. The employers whose premises had been picketed included the Examiner, another newspaper owned by the primary's parent corporation, an independent newspaper with whom the Examiner jointly published a Sunday edition, and an independently owned company which did the printing for the Examiner and the independent. The court affirmed findings that the primary employer Herald-Examiner was an independent division of the parent corporation operated as a separate autonomous enterprise, with independent operations and labor relations policies and practices which were not controlled by the parent corporation, so that in these respects it was independent of the Examiner, and in no wise related to the independent newspaper and the printing company. The fact that the Herald-Examiner and the Examiner were both under common ownership by their parent was not, in the court's view, such a relationship as to permit picketing of the Examiner and its business associates in furtherance of a dispute with the Herald-Examiner, since the two newspapers in fact operated independently without common control. The court also held that the district court did not abuse its discretion by refusing to permit extensive discovery which would have led to a full inquiry on the merits of the controversy, or in refusing to permit oral testimony on disputed facts, since the unions did present many affidavits to support their position, the court heard oral argument on the controversy, and the unions were given sufficient opportunity to present their case without oral testimony. In another case 18 involving union secondary boycott activity, " San Francisco-Oakland Newspaper Guild (Los Angeles Herald-Examiner) v. Kennedy, 412 F.2d 541 (C.A. 9). "Kennedy v. San Francisco-Oakland Newspaper Guild (Los Angeles Herald-Examiner), 69 LRRM 2301 (D.C.Calif.)• "Penello v American Fed. of Television & Radio Artists, 291 F.Supp. 409 (D.C.Md.).
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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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1 8 Thirty-fourth Annual Report of
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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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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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Table 20.—Injunction Litigation U
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