Your Name
or Cancel
In Reply To
— by Ted Ted
III. Analysis and Discussion

The Board has held that a union violates Section 8(b)(1)(A) of the Act in the operation of a nonexclusive hiring hall when it discriminatorily denies referrals to members because those members have engaged in activities protected by Section 7 of the Act. Carpenters Local 370 (Eastern Contractors Assn.), 332 NLRB 174 (2000); Newspaper & Mail Deliverers (City & Suburban Delivery), 332 NLRB 870, 870 fn.1 (2000); Carpenters Local 626 (Strawbridge & Clothier), 310 NLRB 500, 500 fn. 2 (1993), enfd. 16 F.3d 404 (3d Cir. 1993) (Table); Laborers Local 135 (Bechtel Corp.), 271 NLRB 777, 780 (1984), enfd. 782 F.2d 1030 (3d Cir. 1986) (Table). Such discrimination is unlawfully coercive in the context of nonexclusive hiring halls, despite the fact that the coercion is greater when the discriminating union is party to an exclusive hiring arrangement. Chauffeur’s Union Local 923, Teamsters (Yellow Cab Co.), 172 NLRB 2137, 2138 (1968). 5 The protections provided by Section 7 extend not only to a member’s decision to participate in union activities, but also to a member’s decision to refrain from union activities, including union-sponsored picketing. Service Employees District 1199 (Staten Island University Hospital), 339 NLRB 1059, 1060-61 (2003); District 65, Distributive Workers (Blume Associates, Inc.) 214 NLRB 1059 (1974); see also Service Employees Local 87 (Able Building Maintenance Co.), 349 NLRB No. 40, slip op. at 5 (2007) (“An essential element of any violation of Section 8(b)(1) is restraint or coercion in the exercise of a Section 7 right; i.e., the right to form, join, or assist a labor organization, or to refrain from such activity.”).

excerpt Paul Bogas ALJ D & O 12-27-07