- Количество слайдов: 7
High Primary Wilson Secondary De. Bartolo Mall Tenants Secondary Second Level Secondary Third Level
De. BARTOLO (II) • De. Bartolo I - handbilling of mall and tenants over wages paid by High not legal via publicity proviso because mall and tenants do not distribute High’s goods/ services • De. Bartolo II - handbilling of mall and tenants over wages paid by High legal because it is not restraint or coercion under 8(b)(4)(ii)
Why was handbilling in De. Bartolo II legal? • Constitutional concerns about preventing unions from engaging in simple publicity. • Two possible interpretations – focus on distribution chain - Board – focus on activity - Court • Court: Board’s focus would make certain publicity unlawful – Constitutional problems – Prefer interpretation without constitutional problems
Threats, Restraint, Coercion? • 8(b)(4)(ii) – No evidence of coercive effect on customers – No picketing – No violence – Any loss of business from a handbill due to persuasion, not intimidation – Concern that finding a violation would mean any attempts to influence consumers would violate 8(b)(4)
De. Bartolo II (cont. ) • Based on Tree Fruits, Safeco, and De. Bartolo II, union may: – Picket a secondary er asking customers not to buy the struck product if appeal is not an appeal to cease all purchases from the secondary - not coercive within Sec 8(b)(4)(ii). (NOTE: legality of a picketing request that, if successful, would result in reduction of more than a small amount, but less than 100%, of purchases from struck employer unclear) – Handbill (or use other nonpicketing publicity) to ask persons not to patronize secondary because the union has a dispute with employer that has some relationship to secondary - not coercive within Sec 8(b)(4)(ii).
8(b)(4) Box Prohibited Means/Conduct & Prohibited Object CONSUMER PICKETING AIMED ONLY AT STRUCK GOODS and HANDBILLING ASKING CONSUMERS NOT TO PATRONIZE SECONDARY WHO DOES NOT DISTRIBUTE GOODS/SERVICES OF PRIMARY Escape Hatch For nonpicketing of secondary employers who distribute goods of primary
What if: • the Union picketed in front of the entrances to Wilson (the department store) asking customers not to patronize Wilson? ; • the union picketed in front of all mall entrances asking customers not to patronize Wilson? • The union picketed in front of all mall entrances asking customers not to patronize the mall?