Operations In Fiscal Year 1988 - National Labor Relations Board

154 Fifty-Third Annual Report of the National Labor Relations Board(B), or (C)22 or Section 8(b)(7),23 and against an employer orunion charged with a violation of Section 8(e), 24 whenever theGeneral Counsel's investigation reveals "reasonable cause to believethat such charge is true and a complaint should issue." Incases arising under Section 8(b)(7), however, a district court injunctionmay not be sought if a charge under Section 8(a)(2) ofthe Act has been filed alleging that the employer had dominatedor interfered with the formation or administration of a labor organizationand, after investigation, there is "reasonable cause tobelieve such charge is true and that a complaint should issue."Section 10(1) also provides that its provisions shall be applicable,"where such relief is appropriate," to threats or other coerciveconduct in support of jurisdictional disputes under Section8(b)(4)(D) of the Act. 25 In addition, under Section 10(1) a temporaryrestraining order pending the hearing on the petition for aninjunction may be obtained, without notice to the respondent, ona showing that "substantial and irreparable injury to the chargingparty will be unavoidable" unless immediate injunctive relief isgranted. Such ex parte relief, however, may not extend beyond 5days.In this report period, the Board filed 52 petitions for injunctionsunder Section 10(1). Of the total caseload, comprised of thisnumber together with 14 cases pending at the beginning of theperiod, 43 cases were settled, 2 were dismissed, 2 were withdrawn,and 2 were pending court action at the close of thereport year. During this period, 17 petitions went to fmal order,the courts granting injunctions in 14 cases and denying them in 3cases. Injunctions were issued in 8 cases involving secondaryboycott action proscribed by Section 8(b)(4)(B), as well as in instancesinvolving a violation of Section 8(b)(4)(A), which proscribescertain conduct to obtain hot cargo agreements barred bySection 8(e). Injunctions were granted in 4 cases involving jurisdictionaldisputes in violation of Section 8(b)(4)(D). Injunctionswere also issued in 2 cases to proscribe alleged recognitional ororganizational picketing in violation of Section 8(b)(7).Of the 3 in which injunctions were denied, 1 involved secondarypicketing activity by a labor organization and 2 involved recognitionalpicketing.22 Sec. 8(bX4XA). (B), and (C), as enacted by the Labor Management Relations Act, 1947, prohibitedcertain types of secondary strikes and boycotts, strikes to compel employers or self-employed personsto 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 theLabor Management-Reporting and Disclosure Act) to prohibit not only strikes and the inducement ofwork stoppages for these objects, but also to proscribe threats, coercion, and restraint addressed toemployers for these objects, and to prohibit conduct of this nature when an object is to compel anemployer to enter into a hot cargo agreement declared unlawful in another section of the Act, Sec.8(e).23 Sec. 8(bX7), incorporated in the Act by the 1959 amendments, makes organizational or recognitionslpicketing under certain circumstances an unfair labor practice.24 Sec. 8(e), also incorporated in the Act by the 1959 amendments, makes hot cargo agreementsunlawful and unenforceable, with certain exceptions, for the construction and garment industries.25 Sec. 8(b)(4)(D) was enacted as part of the Labor Management Relations Act, 1947.