Author Question: Was the union's distribution of handbills a violation of Section 8(b)(4)(ii)(B) of the ... (Read 39 times)

vicotolentino · **on:** Jun 24, 2018

Was the union's distribution of handbills a violation of Section 8(b)(4)(ii)(B) of the NLRA?

Question 2

Is peaceful secondary activity against one product of a multiproduct retailer prohibited by the NLRA according to the Tree Fruits decision?

jsm54321 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

Section 8(b)(4) of the National Labor Relations Act does not prohibit publicity, other than picketing, for the purpose of truthfully advising the public . . . that a product or products are produced by an employer with whom the labor organization has a primary dispute and are distributed by another employer. Handbilling is allowed under the quoted language of the so-called publicity proviso. The charging parties in this case thus chose not to make handbilling an issue. Handbilling is considered far less effective and less economically damaging than picketing.

Answer to Question 2

No. The Court in Tree Fruits found that peaceful secondary activity against one product of a multiproduct retailer was not within the prohibitions of the NLRA when the union's appeal was closely confined to the primary dispute.