Section 47 Miscellaneous Regulatory Provisions of the National Labor Relations Act

• Library: Employer-Employee Law 2008

Most allegations of unlawful picketing and handbilling arise under National Labor Relations Act (NLRA), 29 U.S.C. §§ 151 et seq., § 8(b)(4) and (7), 29 U.S.C. § 158(b)(4) and (7). But union picketing and handbilling may also be subject to regulation under NLRA § 8(b)(1)–(3), 29 U.S.C. § 158(b)(1)–(3).

NLRA § 8(b)(1) broadly prohibits unions from restraining or coercing employees in the exercise of rights guaranteed under NLRA § 7,
29 U.S.C. § 157; it also prohibits unions from restraining employers in their selection of representatives for purposes of collective bargaining. NLRA § 8(b)(2) proscribes unions from attempting to cause employers to discriminate against employees because of their union membership or lack of it unless there is a valid union security provision that requires union...