1. NLRA and Protest Activities
Presented by:
Richard Rosenblatt
District 7 Counsel

2. Protected Concerted Activity
Core of Section 7.
Two parts: Protected and Concerted

3. Protected Concerted Activity
Concerns wages, hours and/or working conditions

4. Protected Concerted Activity
Involves or concerns more than one employee

5. Protected Concerted Activity
when one or more employees engage in conduct related to wages, hours and working conditions for more than one employee

6. Strikes Form of Protected Concerted Activity Strike: Withhold services
Must concern wages, hours and/or working conditions

7. Strikes No Contract In Effect
Legal Strike
2 Types:
Unfair Labor Practice Striker
Economic Striker

8. Strikes Unfair Labor Practice Striker
Basis for Strike Needs to Be in Part Because of Unfair Labor Practice By Employer
Determination Is By NLRB (or Courts)
Can be After-The-Fact

9. Strikes Economic Striker
Any one who engages in lawful strike if not an unfair labor practice striker

10. Strikes
Significance of Whether Economic or Unfair Labor Practice Strike?
Only when make unconditional offer to return to work

11. Strikes Unfair Labor Practice Striker Can NOT Be Permanently Replaced
Must return striker to work when make unconditional offer to return to work

12. Strikes Economic Striker Can be permanently replaced
Must have "permanently" replaced striker during strike
Once permanent replacement leaves then must recall economic striker if striker has made unconditional offer

13. Strikes Striker Misconduct
No need to recall striker who engaged in striker misconduct
Striker Misconduct: conduct that is found to reasonably tended to coerce or intimidate employees in the exercise of rights protected by the Act.
Misconduct: can be physical harm or verbal threats

14. Strikes Where do you picket? Public vs. Private Property
Right to picket on public product
State Courts can dictate time, place & number of pickets
Cannot block ingress or egress from building
Cannot takeover private property (sit down strikers)
Picketing on Private Property
Balancing Test

15. Strikes Partial Strikes Intermittent Strike
Refuse to work on certain mandatory Assignments while accepting pay
Not protected activity
Intermittent Strike
Multiple Strikes of short duration over same labor dispute

16. Strikes During Contract
NO STRIKE CLAUSE: prohibits Strikes during term of Agreement
Unfair Labor Practice Causes Strike
Serious ULP unless No Strike Clause Prohibits
Strike Over Grievance
Courts Prohibit If Arbitration Of Grievances
Boys Market Injunction

17. Strikes Sympathy strikes Strike in Support of Other Strikers
Depends how No Strike Clause Is Written and Interpreted
Sympathy Striker Stands in Shoes of the Strikers that Striking in Sympathy or Support Of

18. Strikes Wage Re-Opener Depends How No Strike Clause Is Written
A General No-Strike Provision Not Prohibit

19. Secondary Boycotts Section 8(b)(4) prohibits Secondary Boycotts
Conduct that threatens, restrains or coerces a Secondary Employer

20. Secondary Boycotts Primary Employer Secondary Employer
Employer with whom Union Has the Dispute
Secondary Employer
Employer Who is Neutral, Not Involved In Dispute

21. Secondary Boycotts Conduct that Threatens, Restrains Or Coerces
Picketing Secondary Employer
Non-Picketing Conduct that Confrontational

22. Secondary Boycotts Hand billing
Hand billing is free speech; not conduct and therefore not “threaten, restrain, or coerce”
Defamation: if not true, harms the person’s reputation and know that not true or with reckless disregard for the truth