NLRB Permits Union Banner at Secondary Employer

January 12, 2011 by Beeson Tayer & Bodine

In a case of first impression the Obama Board has concluded that a union does not violate the National Labor Relations Act’s ban on secondary picketing when, at a secondary employer’s business, its agents display a large stationary banner announcing a “labor dispute” and seeking to elicit “shame on” the employer or persuade customers not to patronize the employer. The holding was specifically based on the fact that the union peacefully displayed banners bearing a message directed to the public, the banners were held stationary on a public sidewalk or rightof- way, no one patrolled or carried picket signs, and no one interfered with persons seeking to enter or exit from any workplace or business. Northwest Medical Center, 355 NLRB No. 159 (2010).

The Board explained that for the union’s conduct to cross the line and become unlawful “picketing” the sign carried by the union must be carried in front of the secondary employer’s entrance so as to create “symbolic confrontation” between the picketers and those entering the worksite, or the sign must be part of a prearranged “signal” to direct members not to work at the worksite.

This decision is good news for unions looking for creative ways to apply pressure in labor disputes, but given the limitations the Board places on protest activities at secondary employers, we strongly urge you to contact our office before doing so.

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