January 2011 - National Labor Relations Board

10202 CONDUCT PROSCRIBED BY SECTION 8(B)(4)10202–10204 CC CASES10202 Conduct Proscribed by Section 8(b)(4)Section 8(b)(4) prohibits a union from engaging in certain conduct described insubsections (i) and (ii) for the objects set forth in subsections (A), (B), (C) or (D).Generally, subsection (i) proscribes conduct that induces or encourages individualsemployed by any person to engage in a strike or to cease performing other services. Onthe other hand, subsection (ii) proscribes conduct that threatens, coerces, or restrains anyperson. For a discussion of subsection (D), see Secs. 10206–10220.If after preliminary investigation, the Regional Director has reasonable cause tobelieve that complaint alleging a violation of Section 8(b)(4)(A), (B), or (C) should issue,recourse to injunctive relief is provided for in Section 10(l) of the Act. Secs. 10238–10248.10204 Settlement Notices in CC CasesEvery notice in a CC case addresses prohibited conduct, described in Section8(b)(4)(i) or (ii) or both, and a prohibited object, described in subsections (A), (B), or (C).In cases involving more than one type of conduct, such as a case alleging violations ofSection 8(b)(4)(i) and (ii)(B), a notice should contain one provision covering (i) conductfor the (B) object and a separate provision covering (ii) conduct for the (B) object. Forthis reason, the following language is divided into suggested “conduct” language andsuggested “object” language. However, as in cases involving other sections of the Act,the Regional Office must consider all surrounding circumstances in determining theappropriate language. For instance, repeat conduct may require the use of broaderlanguage.“Conduct” Language:[for (i) conduct]WE WILL NOT [specify unlawful conduct in this case, e.g., strike, picket,etc.] [Construction project name or Employer name(s)] or otherwise causeor attempt to cause any person’s employees to strike or refuse toperform any work [insert appropriate object listed below].Revised 01/11