“GENERAL ELECTRIC”
5
1 “GENERAL ELECTRIC” • Tension between wording of 8(b)(4) and traditional primary activity – Section 8(b)(4)(B) “could not be literally construed; otherwise it would ban most strikes historically considered to be lawful, so-called primary activity.” (360 U.S. at 667, 672) • Process of evolution in interpreting 8(b)(4) – the more cases the Board saw, the more it learned about the effects of different interpretations – Ryan case probably a UFLP based on GE
description
“GENERAL ELECTRIC”. Tension between wording of 8(b)(4) and traditional primary activity Section 8(b)(4)(B) “could not be literally construed; otherwise it would ban most strikes historically considered to be lawful, so-called primary activity.” (360 U.S. at 667, 672) - PowerPoint PPT Presentation
Transcript of “GENERAL ELECTRIC”
1
“GENERAL ELECTRIC”• Tension between wording of 8(b)(4) and
traditional primary activity– Section 8(b)(4)(B) “could not be literally construed;
otherwise it would ban most strikes historically considered to be lawful, so-called primary activity.” (360 U.S. at 667, 672)
• Process of evolution in interpreting 8(b)(4)– the more cases the Board saw, the more it learned
about the effects of different interpretations
– Ryan case probably a UFLP based on GE
2
“MOORE DRY DOCK CRITERIA”• TIME - picketing must be limited to time when the
situs of the dispute with the primary is the common (secondary) situs
• BUSINESS - primary employer must be engaged in its normal business at the common situs
• LOCATION - picketing must be limited to locations reasonably close to primary employer
• DISCLOSURE - picket signs must disclose dispute only with primary employer
3
UNION PICKETING OF EMPLOYEES OF NEUTRALS NOT
VIOLATIVE OF 8(b)(4) IF NEUTRALS ARE DOING WORK THAT IS NORMALLY DONE BY
THE PRIMARY EMPLOYER - Consistent with Moore Dry Dock
- Consistent with Ally Doctrine
- Consistent with Denver Building Trades?
4
• “The independent contractors are utilized for a great variety of tasks on the Appliance Park premises. Some do construction work on new buildings; some install and repair ventilating and heating equipment; some engage in retooling and rearranging operations necessary to the manufacture of new models; others do "general maintenance work.." These services are contracted to outside employers either because the company's employees lack the necessary skill or manpower, or because the work can be done more economically by independent contractors. The latter reason determined the contracting of maintenance work for which the Central Maintenance department of the company bid competitively with the contractors. While some of the work done by these contractors had on occasion been previously performed by Central Maintenance, the findings do not disclose the number of employees of independent contractors who were performing these routine maintenance services, as compared with those who were doing specialized work of a capital-improvement nature.” (366 U.S. at 667, 669)
Ty pe ofCommonSitusPicket-ing
ConstructionIndustry
Non-ConstructionIndustry Picketing onPremises O wne d by aNeutral Em ployer
Picketing on Premises ofPrimary Employer
Criteria Based on DenverBuilding Trades ,“Moore Dry Dock,”and “Markwell andHartz;” unionpicketing at aconstruction sitemust comply w ith all“Moore Dry DockCriteria.” In the eventa reserved gate isestablished for theemployees of a struckemployer, picketingmust be confined tothat reserved gate.
“Moore Dry Dock”criter ia apply.
Based on “GeneralElectric;” Union may picketanywhere on premises ofprimary employer w ith theexception of gates reservedfor and used solely byemployees of neutralemployers who areperform ing work unrelatedto the normal operation ofprimary employer’sbus iness.
CRITERIA FOR DETERMINATION OF LEGALITY IN COMMON SITUS PICKETING CASES UNDER 8(b)(4)
