Labor Law - Picketing - Peaceful Picketing for Recognition by Minority Union

Petitioner union was certified as exclusive bargaining representative of an employees' unit in 1953. When contract negotiations faltered, the union called a strike and began picketing the employer's retail store. The picketing continued for two years during which time the employer permanently replaced the strikers with non-union employees. In 1955 the union lost a new representation election by a vote of 28 to 1 and was decertified.

When the picketing persisted, the employer petitioned the National Labor Relations Board, charging the union with an unfair labor practice. The Board, after finding that the union's objective was exclusive recognition, held that the peaceful picketing violated section 8(b)(l)(A) of the amended National Labor Relations Act. On petition to review, held, order set aside, one judge dissenting. Peaceful picketing for recognition by members of a minority union does not constitute restraint or coercion of employees within the meaning of section 8(b)(l)(A).

Drivers Local 639 v. NLRB (Curtis Brothers, Inc.), (D.C. Cir. 1958) 43 L.R.R.M. 2156, cert. granted 27 U.S. LAW WEEK 3291, 3293 (1959).