Local 761, International Union of Electrical, Radio & MacHine Workers v. National Labor Relations Board

Background

Local 761, the union for General Electric production and maintenance workers at Appliance Park, struck over unsettled grievances and picketed all plant entrances, including Gate 3-A. Gate 3-A was set aside for employees of independent contractors and marked with a sign; many contractor workers refused to enter because of the picketing. The National Labor Relations Board found the picketing at Gate 3-A unlawful under the statute that bars inducing other employers’ workers to refuse services.

Reasoning

The Court examined the difference between lawful primary picketing at a struck employer’s premises and unlawful picketing that aims to pressure neutral employers or their employees. It reviewed the Board’s “Dry Dock” tests used when two employers work on common premises and stressed the key question: whether the contractor workers’ tasks were unrelated to General Electric’s normal operations. Because the record showed some mingled use of Gate 3-A by maintenance workers but did not quantify how often, the Supreme Court said the Board must determine whether the maintenance work was substantial or merely de minimis.

Real world impact

The decision affects unions and employers at multi-employer sites. If the Board finds that contractor employees did only nonroutine, unrelated work, picketing at a separate contractor gate can be barred; if the workers performed routine maintenance for daily plant operations, picketing there remains protected. The Supreme Court reversed the lower court and remanded the matter for the Board to make the factual finding.

Dissents or concurrances

The Chief Justice and Justice Black agreed with the outcome; Justice Douglas said he would have left the decision to the Court of Appeals.