Operations In Fiscal Year 1988 - National Labor Relations Board

Unfair Labor Practices 109Member Johansen dissented on the discriminatory fees issue.He noted that nonmembers and members of sister locals paid theallegedly excessive fees only when employed, while memberspaid dues whether working or not, and that members may usethe hiring hall less than nonmembers or travelers. He agreedwith the judge's reading of Homan that it was the General Counsel'sburden to produce evidence on the cost of operating thehiring hall to establish what a fair pro rata cost of operating thehall was. Because the General Counsel produced no evidence onthe cost of operations, Member Johansen would have dismissedthat part of the complaint.H. Illegal Secondary ActivityThe statutory prohibitions against certain types of strikes orboycotts are contained in Section 8(b)(4). Clause (i) of that sectionforbids unions to strike or to induce or encourage strikes orwork stoppages by any individual employed by any person engagedin commerce, or in any industry affecting commerce;clause (ii) makes it unlawful for a union to threaten, coerce, orrestrain any such person, where the actions in clause (i) or (ii)are for any of the objects proscribed by subparagraphs (A), (B),(C), or (D). Provisos to the section exempt from its prohibitions"publicity, other than picketing, for the purpose of truthfully advisingthe public" and "any primary strike or primary picketing."1. Peaceful Handbilling and Nonpicketing PublicityIn Steelworkers (Pet, Inc.)," 6 on remand from the UnitedStates Court of Appeals for the Eighth Circuit,'" the Boardfound controlling the Supreme Court's holding in DeBartoloCorp. V. Florida Gulf Coast Building Trades Counci1 126 that Section8(b)(4)(ii)(B) does not proscribe peaceful handbilling andother nonpicketing publicity urging a total consumer boycott ofneutral employers and dismissed the complaint alleging that suchconduct by the union was unlawful.Pet, Inc. is a large diversified conglomerate with 27 operatingdivisions, each in separate and distinct lines of business. HussmanRefrigeration Company, a wholly owned subsidiary of Pet, manufacturesrefrigeration and other industrial equipment. The employeesof Hussman's Bridgeton, Missouri plant were representedby the union and, when the collective-bargaining agreement coveringthese employees expired, the union commenced an economicstrike. Subsequently, the union's president announced at apress conference that, in support of this strike, the union wascalling a "national boycott" of the products and services of Petand its divisions and subsidiaries. Thereafter, the union advertised128 288 NLRB No. 133 (Chairman Stephens and Members Babson and Cracraft).122 Pet. Inc v. NLRB, 641 F.2d 545 (1981).128 108 S.Ct. 1392 (1988).