1 - National Labor Relations Board

More documents

Recommendations

Info

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the beginning of the period, 57 cases were settled, 7 were dismissed, 13 were continued in an inactive status, 25 were withdrawn, and 23 were pending court action at the close of the report year.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.).
Page 1 and 2:
TMR.TY-FOURM ANNUAL REPORT
Page 4:
NATIONAL LABOR RELATIONS BOARD Memb
Page 8 and 9:
7 TABLE OF CONTENTS CHAPTER I. Oper
Page 10:
Table of Contents ix Page 1. Preser
Page 13 and 14:
2 Thirty-fourth Annual Report of th
Page 15 and 16:
Page 17 and 18:
Page 19 and 20:
1 8 Thirty-fourth Annual Report of
Page 21 and 22:
10 Thirty-fourth Annual Report of t
Page 23 and 24:
Page 25 and 26:
Page 27 and 28:
PERCENT PERCENT 100 100 1111111 90
Page 29 and 30:
Page 31 and 32:
Page 33 and 34:
Page 35 and 36:
Page 37 and 38:
Page 39 and 40:
II Jurisdiction of the Board The Bo
Page 41 and 42:
Page 43 and 44:
Page 45 and 46:
Page 47 and 48:
Page 49 and 50:
Page 51 and 52:
Page 53 and 54:
Page 55 and 56:
V Representation Cases The Act requ
Page 57 and 58:
Page 59 and 60:
Page 61 and 62:
Page 63 and 64:
Page 65 and 66:
Page 67 and 68:
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Page 75 and 76:
Page 77 and 78:
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
VI Unfair Labor Practices The Board
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Page 103 and 104:
Page 105 and 106:
Page 107 and 108:
Page 109 and 110:
Page 111 and 112:
100 Thirty-fourth Annual Report of
Page 113 and 114:
Page 115 and 116:
Page 117 and 118:
Page 119 and 120:
Page 121 and 122:
Page 123 and 124:
Page 125 and 126: 114 Thirty-fourth Annual Report of
Page 129 and 130: VIII Enforcement Litigation Board o
Page 171 and 172: IX Injunction Litigation Section 10
Page 175: 164 Thirty-fourth Annual Report of
Page 211 and 212: Table 3A.—Formal Actions Taken in
Page 213 and 214: Table 4.—Remedial Actions Taken i
Page 215 and 216: Table 5.—Industrial Distribution
Page 217 and 218: Table 6.—Geographic Distribution
Page 219 and 220: Table 7.-Analysis of Methods of Dis
Page 221 and 222: it! All C cases CA cases CB cases C
Page 223 and 224: Stage of disposition ' Table 8.-Dis
Page 225 and 226: Table 10.-Analysis of Methods of Di
Page 227 and 228:
Table 11A.—Analysis of Elections
Page 229 and 230:
Page 231 and 232:
Table 13.-Final Outcome of Represen
Page 233 and 234:
Participating unions AFL-CIO v. AFL
Page 235 and 236:
Table 14.-Valid Votes Cast in Repre
Page 237 and 238:
Participating unions AFL-CIO v. AFL
Page 239 and 240:
Table 15.-Geographic Distribution o
Page 241 and 242:
144 0 Table 16.-Industrial Distribu
Page 243 and 244:
1.) LA, iv Table 17.-Size of Units
Page 245 and 246:
Table 18.-Distribution of Unfair La
Page 247 and 248:
Table 19.-Litigation for Enforcemen
Page 249 and 250:
Table 20.—Injunction Litigation U
Page 251:
show all

1 - National Labor Relations Board

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?