Author Question: Does the plaintiff in Section 303 lawsuit for damages arising from a violation of Section 8(b)(4) of ... (Read 64 times)

jasdeep_brar · **on:** Jun 24, 2018

Does the plaintiff in Section 303 lawsuit for damages arising from a violation of Section 8(b)(4) of the NLRA have to prove that the union's actions were directed at the secondary employer?

Question 2

Did the reserve gate system work as intended in this case?

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

Answer to Question 1

Yes. The plaintiff in this case, Wilhelm Construction Co., had to prove that the carpenters union's actions were directed at it, in order to prove a violation o Section 8(b)(4).

Answer to Question 2

No. Under the reserve gate system, one gate or entrance is used for employees of the targeted employer and the other gate or gates are used for contractors not involved in the dispute. In this case, members of the carpenters union did not utilize the other gates to go to work for their neutral employer, Wilhelm Construction Co. Rather they stayed off the job picketing the reserve gate until they were told that their job action was improperly affecting the union contractor Wilhelm.