A majority of the National Labor Relations Board (Chairwoman Wilma Liebman and members Craig Becker and Mark Pearce) recently held that a union did not violate the National Labor Relations Act when, in front of three neutral employers’ businesses, its agents displayed large stationary banners announcing a “labor dispute” and seeking to elicit “shame on” the neutral employers and persuade customers not to patronize them. The board reasoned that the union’s display of large, stationary banners neither threatened nor restrained the neutrals. Carpenters Local 1506 (Eliason & Knuth of Arizona Inc.), 355 NLRB No. 159 (Aug. 27, 2010).
Section 8(b)(4)(ii)(B) of the act states, in pertinent part, that it shall be an unfair labor practice for a labor organization or its agents: “(ii) to threaten, coerce, or restrain any person engaged in commerce or an industry affecting commerce, where…an object thereof is…(B) forcing or requiring any person to…cease doing business with any other person.”
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