Opinion

Chauffeurs, Teamsters & Helpers Local Union No. 175 v. National Labor Relations Board

  • 294 F.2d 261
Court
Court of Appeals for the D.C. Circuit
Filed
Jul 6, 1961
Status
Published
On the bench
Edgerton, Miller, Washington
Cited by
2 cases
Authority
More cited than 74.2%

The opinion

PER CURIAM.

In aid of a strike against Mc-Junkin Corporation in Charleston, West Virginia, the union (1) picketed its plant, (2) told employees of neutral trucking concerns, over the telephone, that the plant was picketed, expressly or impliedly asking them to respect the picket line, and (3) at the premises of one neutral concern, Miami Transportation Company, induced its employees not to unload a McJunkin truck for transshipment. This last was a clear violation of § 8(b) (4) (A) of the National Labor Relations Act as amended, 29 U.S.C. § 158 (b) (4) (A), but there was no evidence that any other action of the union had any illegal purpose or effect. The Board’s order is apparently intended to prevent the union from inducing employees of any trucking concern to respect the picket line at McJunkin’s plant. But peaceful primary picketing and its normal incidents, including requests to neutrals not to cross the picket line, cannot be forbidden though the union has acted illegally elsewhere. The case will be remanded to the Board with directions to modify its order so that it will not be broader than the one the Hearing Examiner had recommended. As so modified, the order will be enforced.

Order modified.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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