Supplemental Conditions

NLRB Clarifies Definition of Coercive Tactics

Posted in Picketing

The National Labor Relations Board’s decision in United Brotherhood of Carpenters and Joinders of America, Local Union No.1506 (Eliason & Knuth of Arizona, Inc.)  355 NLRB 159 has received a great deal of discussion after the Board held that “bannering” was a “non-coercive” activity that did not violate Section 8(b)(4)(ii)(B) of the NLRA.  For those wondering what the current NLRB does consider coercive, the NLRB’s recent decision in Southwest Regional Council of Carpenters (Silverline Construction) provides clear guidance.  A copy of the NLRB’s decision can be downloaded here:  Board Decision

There the NLRB found that the Carpenter’s Union restrained and coerced the rights of employees of a merit shop subcontractor, Silverline Construction, Inc.,  when they engaging in the following acts:

  • pushing and shoving Silverline employees;
  • kicking Silverline employees’ lunchboxes out of their hands;
  • tackling, kicking, shoving, or punching Silverline employees;
  • threatening Silverline employees with physical harm by challenging them to fight;
  • surveillance of Silverline employees by videotaping them as they enter job sites;
  • throwing objects at Silverline employees;
  • in the presence of employees, throwing objects at Silverline supervisors;
  • in the presence of employees, pushing and shoving Silverline supervisors;
  • in the presence of employees, assaulting and choking a Silverline supervisor;
  • in the presence of employees, threatening Silverline supervisors with physical harm by challenging them to fight;
  • in the presence of employees, threatening a supervisor of a subcontractor of Silverline with physical harm by challenging the supervisor to fight;
  • assaulting employees of a subcontractor of Silverline by striking, punching, and grabbing them;
  • in the presence of employees, assaulting supervisors of a subcontractor of Silverline by striking, punching, and grabbing them.

Thankfully, the Board has given us clear guidance on how far a union who is in a “labor dispute” with a contractor can go before they will be sanctioned.