In August, the National Labor Relations Board issued a decision in United Brotherhood of Carpenters and Joiners of America, Local Union No. 1506, 355 NLRB No. 159 (2010) addressing the important question of whether the union practice of “stationary picketing” or “bannering” in front of a “secondary” or “neutral” employer’s business is a form of coercion that amounts to a violation of the National Labor Relations Act. In a 3-2 decision, split along political party lines, the NLRB held that union members may display banners publicizing a labor dispute outside a neutral employer’s place of business.
A “secondary” or “neutral” employer is an employer with whom the union does not have any dispute. Unions frequently attempt to exert economic pressure on a primary employer by influencing a secondary or neutral employer or the customers of a neutral employer.
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