This outline identifies broad types of concerted activity which are either illegal or unprotected under the Act. Subsequent outlines focus on specific prohibitions against the use of concerted activity incorporated into Section 8 of the Act. As they have developed, the restrictions imposed on strikes and picketing by Taft-Hartley closely parallel the logic of the nineteenth century illegal purposes doctrine of Commonwealth v. Hunt . Concerted activity may be unlawful either because of the tactics used or because of the objectives sought by the union. The effect of having a tactic or goal declared unlawful differs according to the issue involved.
Some strikes are unlawful because of the improper goals or objectives of the strike.
For example, strikes to obtain permissive or illegal subjects of bargaining are unlawful. Similarly, strikes directed against neutral employer to apply secondary pressure on another employer are unlawful, and political strikes to achieve goals outside the labor management relationship are probably unprotected. A union which is engaged in a strike for unprotected or illegal goals faces a number of sanctions. The Board may be able to get injunctive relief which would not be available to the employer. A judicially enforceable cease and desist order as a remedy for an unfair labor practice has the effect of an injunction if the unfair labor practice is an illegal strike.