NLRB v. Denver Bldg. & Constr. Trades Council - 341 U.S. 675, 71 S. Ct. 943 (1951)

Rule:

A strike with an object of forcing a contractor to terminate a subcontract is an unfair labor practice within the meaning of § 8 (b)(4)(A) of the National Labor Relations Act. It is not necessary to find that the sole object of the strike was that of forcing the contractor to terminate the subcontractor's contract. The business relationship between independent contractors is too well established in the law to be overridden without clear language doing so. Section 8(c) does not apply to a mere signal by a labor organization to its members, or to the members of its affiliates, to engage in an unfair labor practice such as a strike proscribed by § 8(b)(4). The protection afforded by § 8(c) of the Act to the expression of any views, argument or opinion does not pertain where the issues raised under § 8 (b)(4)(A) turn on official directions or instructions to a union's own members.

Facts:

A union called a strike of the union employees of a general contractor on a construction project for the purpose, among others, of forcing a subcontractor to employ union help. The subcontractor purchased 65 per cent of its raw materials outside the state; most of its merchandise, though purchased within the state, had been also produced outside the state. Interlocutory injunctive relief sought against the union under 10 (l) of the National Labor Relations Act as amended by the Labor Management Relations Act was denied by a district court on the ground that the conduct of the union did not affect interstate commerce. Nevertheless, the National Labor Relations Board found the union guilty of an unfair labor practice within 8 (b) (4) (A) of the act, which prohibited requiring an employer to cease doing business with another person. The appellate court subsequently denied the enforcement of the Board's cease and desist order to the union. The Board sought certiorari review of the Court of Appeals’ order. 

Issue:

By engaging in the strike, did the union commit an unfair labor practice, within the meaning of § 8 (b) (4) (A) of the National Labor Relations Act, 49 Stat. 449, 29 U. S. C. § 151? 

Answer:

Yes.

Conclusion:

The court held that because the object of the strike was to force the contractor to terminate the subcontract, the strike was an unfair labor practice within the meaning of § 8 (b)(4)(A) of the National Labor Relations Act. The court also held that the Board properly found that the union's strike affected interstate commerce. Accordingly, the court reversed the appellate court’s order.