Evening star., 1959-11-17
LABOR REFORMS
Picketing Curbs Held
Lows Biggest Change
BY STUART ROTHMAN
National Labor Relations Board


National Labor Relations Board
The changes Federal labor
law made by the new Taft
Hartley amendments probably |
is the limitation put on picket
ing or threats Of pieketing by a |
union seeking to organize en-
.ployes or to force bargaining |
recognition by an employer.
This provision grew out Of
the administrations efforts to
curb "blackmail" picketing. Its
general thrust is to halt picket
ing or threats Of picketing by
unions which do not represent
a majority Of the employees.
Unfortunately, this also is one
Of the most intricate provisions
Of the new law. 1t not only for
bids such organizational or rec
ognition picketing. but it also
provides a special high-speed
procedure for representation
elections in such cases. In addi-
ton, it include; a safeguard
against the provision being used
to protest q sweetheart" union,
which an employer has helped
organize in order to prevent
genuine union bargaining for
employeS.
Special Exception
Furthermore, it provides a
special exception for "informa-
tional" picketing or publicity
which truthfully informs the
public that an employer does
not employ union members or
does not have a contract with
q union. This exemption only
applies, however, If the picket
ing does not stop deliveries or
pickups. These various provi-
Sons are all wrapped up in one
section Of the law.
The curb on this type of
picketing, however, does not
apply to a union which has q
current certificate from the Ma
tional Labor Relations Board,
designating it as the bargain
ing agent of the employees in
volved. 1t applies only to unions
not certified by NLRB.
The new provision deals with
three specific situations. But
the key one undoubtedly is
that forbidding such picket
ing . without q petition (for
a representation election) &.
being filed within a reasonable
period Of time not to exceed
80 days" from the start of
picketing. However, If an elec-
ton request is filed within the
reasonable period, the law
directs the Board to hold an
election "forthwith"-without
having to follow usual proce-
dures. These elections will be
held without a preliminary
hearing unless substantial
questions on the voting unit or
other important matters make
a hearing essential.
The expedited elections, how
ever, will not be held until the
employer or some other inter-
ested party has filed a written
charge Of illegal picketing or
threats of picketing. Even
then, we can proceed only If
our investigation confirms that
the picketing involved or
threatened is for the purpose of
forcing an employer to bargain
with an uncertifled union or
to compel employees to join the
union.
Requires Injunction
In addition to the usual
NLRB proceeding in cases of
this type Of illegal picketing,
the new law also requires us to
seek a Federal Court injunc-
ton to halt the picketing until
the board can complete its
action on the case. This injunc-
ton procedure, however, is not
available If a charge Of illegal
assistance to another union is
filed against the employer and
investigation indicates tn e
charge is true.
The other two situations in
which this type Of picketing is
forbidden is ID where the en-