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Hod Carriers Local 840 (Blinne Construction Co.)

National Labor Relations Board
135 N.L.R.B. 1153 (1962)


Facts

Blinne Construction Co. employed three laborers on a jobsite. All three signed union cards designating Hod Carriers Local 840 (defendant) to represent them. The next day, the union demanded Blinne recognize it as the workers’ bargaining agent, but Blinne refused. Instead Blinne said it would transfer one laborer to another jobsite, mistakenly thinking that would destroy the union’s majority status, and replaced that worker with another. The union began picketing with a single, peaceful picket holding a sign reading “C.A. Blinne Construction Company, unfair.” The union announced the picketing served several objectives, including recognition. Three weeks later, the union filed unfair-labor-practices charges against Blinne. The regional director of the National Labor Relations Board (NLRB) dismissed two of the charges, but sustained the other two. The union promptly filed a representation petition, but by that point the picketing had continued over 30 days. The NLRB general counsel charged the union with violating National Labor Relations Act (NLRA) picketing rules.

Rule of Law

Issue

Holding and Reasoning

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