National Labor Relations Board v. San Francisco Typographical Union No. 21

465 F.2d 53
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 21, 1972
DocketNos. 71-1681, 26042
StatusPublished
Cited by1 cases

This text of 465 F.2d 53 (National Labor Relations Board v. San Francisco Typographical Union No. 21) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Labor Relations Board v. San Francisco Typographical Union No. 21, 465 F.2d 53 (9th Cir. 1972).

Opinion

ALFRED T. GOODWIN, Circuit Judge:

Two eases have been consolidated in this appeal: In N. L. R. B. v, San Francisco Typographical Union No. 21 (71-1681), the National Labor Relations Board petitions, pursuant to Section 10(e) of the National Labor Relations Act (29 U.S.C. § 151 et seq.), to enforce the Board’s order that the respondent union cease and desist from picketing. In Hoffman v. San Francisco Typographical Union No. 21 (26042), the union appeals from a district court order citing the union and certain of its officers for civil contempt.

On March 17, 1970, Local 21, in furtherance of a primary labor dispute with the San Rafael Independent Journal, began picketing various retail stores which were buying advertising space in the Journal. Attached to the picket signs, which urged consumers not to purchase products advertised in the Journal, were copies of the advertisements themselves. The pickets also passed out handbills which urged shoppers not to patronize the various retail stores.

On April 9 and 24, 1970, respectively, the Journal and one of the retail stores filed complaints with the N. L. R. B. The regional director promptly sought an injunction against the union pending the Board’s decision whether the picketing and handbilling constituted an unfair labor practice in violation of Section 8(b) (4) (ii) (B) of the Act, 29 U. S.C. § 158(b) (4) (ii) (B).

On April 28, 1970, the district court ordered the union to cease all picketing and handbilling where the object was to induce consumers to stop patronizing the stores or to cause the retailers to stop doing business with the Journal.

After the entry of the decree, the union continued its picketing, using the preinjunction picket signs, but altering its handbills so that they urged consumers not to purchase products which the retailers advertised in the Journal. On June 24, 1970, the court, on the regional director's motion, cited the union and certain of its officers for civil contempt.

On February 24, 1971, the N. L. R. B., adopting the findings and conclusions of its trial examiner, held that the union, both before and after the court’s injunction, had engaged in an unfair labor practice (secondary boycott) in violation of Section 8(b) (4) (ii) (B).

The N. L. R. B.’s Petition for Enforcement

A union may peacefully picket a neutral party when the object of the [56]*56picketing is to persuade customers not to buy a struck product. National Labor Relations Board v. Fruit and Vegetable Packers etc., 377 U.S. 58, 84 S.Ct. 1063, 12 L.Ed.2d 129 (1964). When a retailer advertises in a newspaper or magazine, the advertized goods may also be treated, for picketing purposes, as the products of the newspaper or magazine. Great Western Broadcasting Corp. v. N. L. R. B., 356 F.2d 434 (9th Cir.), cert. denied, 384 U.S. 1002, 86 S.Ct. 1924, 16 L.Ed.2d 1015 (1966). Therefore, a union may peacefully picket a neutral retailer so long as the picketing seeks only to persuade the public not to purchase products advertised by the retailer in a newspaper with which the union has a primary dispute. Atlanta Typographical Union No. 48, 180 N.L.R.B. No. 164, 73 L.R.R.M. 1241 (Jan. 30, 1970); White Front Stores, 181 N.L.R.B. No. 61, 73 L.R.R.M. 1390 (Feb. 27, 1970).

However, where such secondary picketing is not limited to calling customers’ attention to those products being advertised in the struck newspaper, but, rather, urges customers to avoid doing any business with the neutral party, the picketing becomes an unfair labor practice under Section 8(b) (4) (ii) (B). Honolulu Typographical Union No. 37 v. N. L. R. B., 131 U.S.App.D.C. 1, 401 F.2d 952 (1968); Atlanta Typographical Union No. 48, supra; White Front Stores, supra.

The union contended before the Board that the picket signs adequately identified to the public those retail products which were being advertised in the Journal. The trial examiner determined, however, that the use of the “tear-sheet” newspaper advertisements on the picket signs did not adequately identify the struck products, because such advertisements were too difficult for shoppers to read.

The Board then held that the union had engaged in an unlawful secondary boycott against neutral retail stores. The evidence supports the trial examiner’s factual findings. The Board’s order therefore is valid.

The union argues that, because the retail stores advertise so many of their products in the Journal, and because the products advertised vary each day, any alternatives to using the actual advertisements on the picket signs would be unduly burdensome. However, as the Board suggested in Atlanta Typographical Union No. 48, supra, where the union chooses to engage in secondary picketing, the union must accept the burden of properly identifying the struck products. See also Honolulu Typographical Union No. 37 v. N. L. R. B., supra. The Board’s petition for enforcement in 71-1681 is allowed.

The Contempt Order

Pursuant to Section 10 (l) of the Act, 29 U.S.C. § 160 (l), a district court may temporarily enjoin picketing when there is “reasonable cause” to believe that the union is engaged in an unfair labor practice. San Francisco-Oakland Newspaper Guild v. Kennedy for and on Behalf of N. L. R. B., 412 F.2d 541 (9th Cir. 1969). There may be “reasonable cause” to support an injunction even when the question whether the union is engaging in an unfair labor practice is one of first impression. Kennedy for and on Behalf of N. L. R. B. v. Los Angeles Typographical Union No. 174, 418 F.2d 6 (9th Cir. 1969). And necessarily incident to the court’s power to enjoin is the power to enforce its injunction by contempt proceedings. Evans v. International Typographical Union, 81 F.Supp. 675 (S.D.Ind.1948); N. L. R. B. v. Local 282, International Bro. of Teamsters, etc., 428 F.2d 994 (2d Cir.), vacated on other grounds, 438 F.2d 100 (1970).

By its terms, the injunction of April 28, 1970, was intended to achieve two related purposes: first, to put the union and its officers on notice that there was reasonable cause to believe that the picketing and handbilling prior to April 28 constituted an unfair labor practice, and that the challenged activities would have to cease pending the ultimate determination by the N. L. R. B.; and second, to [57]*57preclude the union from engaging in any other picketing which was prohibited by the provisions of Section 8(b) (4) (ii) (B).

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