National Labor Relations Board v. Amalgamated Lithographers

The National Labor Relations Board has petitioned this court for enforcement of its order entered against respondent unions, and reported in 130 NLRB (102) 985. 1 Two employer-groups were inter-venors in the Board proceeding and have been permitted to intervene here.

The primary question presented is whether certain clauses which the unions sought to have included in collective bargaining agreements are “hot cargo” clauses proscribed by section 8(e) of the *34 National Labor Relations Act, as amended (Act), 29 U.S.C.A. § 158 (e). 3 Finding that they were unlawful, the Board concluded that the unions violated section 8(b) (4) (A) and (B) of the Act, 29 U.S.C.A. § 158 (b) (4) (A) and (B), by striking and invoking an overtime ban to obtain such clauses.

The Board further found that the unions, by resorting to these pressures and insisting upon the inclusion of the clauses, refused to bargain in good faith in violation of section 8(b) (3), 29 U.S.C.A. § 158 (b) (3). Finally, the Board found that the unions violated section 8(e), by entering into agreements with certain employers reinstating an expired collective bargaining contract containing clauses of this kind.

Consistent with…