Labor Board v. Drivers Local Union, 362 U.S. 274 (1960)

Labor Board v. Drivers, Chauffeurs,


Helpers, Local Union No. 639, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen
and Helpers of America
No. 34


Argued January 14, 1960
Decided March 28, 1960
362 U.S. 274

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

Peaceful picketing by a labor union, which does not represent a majority of the employees, to compel the employer to recognize the union as the exclusive bargaining agent of its employees, is not conduct of the union "to restrain or coerce" the employees in the exercise of rights guaranteed in § 7 of the National Labor Relations Act, as amended, and therefore such picketing is not an unfair labor practice under § 8(b)(1)(A) of the Act, as added by the Taft-Hartley Act. Pp. 275-292.

(a) Section 13 of the Act, as amended by the Taft-Hartley Act, is a command of Congress to the courts to resolve doubts and ambiguities in favor of an interpretation of § 8(b)(1)(A) which safeguards the right to strike as understood prior to passage of the Taft-Hartley Act. Pp. 281-282.

(b) Section 8(b)(l)(A) does not vest broad power in the Labor Board to sit in judgment upon, and to condemn, a minority union’s resort to a specific economic weapon such as peaceful picketing. It is a limited grant of power to proceed against union tactics involving violence, intimidation and reprisal, or threats thereof -- conduct involving more than the general pressures implicit in economic strikes. Pp. 282-290.

(c) In the Taft-Hartley Act, Congress authorized the Board to regulate peaceful "recognitional" picketing only when it is employed to accomplish objectives specified in § 8(b)(4). P. 290.

107 U.S. App.D.C. 42, 274 F.2d 551, affirmed.