Section 23 Ally Doctrine

• Library: Employer-Employee Law 2008

Application of NLRA § 8(b)(4), 29 U.S.C. § 158(b)(4), turns not only on the location of the picketing and the types of concerns that are present but also on the nature of the relationship between the primary and neutrals. Under the NLRB’s “ally doctrine,” entities that are allied with one another in some manner may not be insulated from each other’s labor disputes, and picketing may lawfully be conducted at all allied facilities during the course of a labor dispute. Typically, the ally doctrine applies to two situations:

1. When a second employer is performing struck work—i.e., work that would normally be done by striking employees but for a strike

2. When two or more entities have such common ownership...