1 SECONDARY ACTIVITY AND THE NLRA Basic Points DEFINITION –Pressure by a union on a party uninvolved in the labor dispute (the “secondary”) to pressure the (primary) employer to settle on terms more favorable than otherwise to the union –NLRA DOES NOT PROHIBIT ALL SECONDARY ACTIVITY

2 Primary and Secondary Activity Union Employer Primary Activity Firm with Which Employer Does Business Secondary Activity Secondary Activity

NLRA SECONDARY ACTIVITY VIOLATIONS OF 8(b)(4) REQUIRE PROHIBITED CONDUCT/MEANS –8(b)(4)(i): inducing or encouraging a person employed not to perform work or not to perform services, or to strike –8(b)(4)(ii): threatening, coercing, or restraining any person PROHIBITED OBJECTS –8(b)(4)(A): forcing a person to join a union or enter into a “hot cargo” agreement –8(b)(4)(B)[formerly (A)]: forcing or requiring any person to cease doing business with another –8(b)(4)(C): forcing or req a person to bargain with a union when another cert –8(b)(4)(D): forcing or requiring er to assign work &