Compare described industrial action with the unfair-labor-practice provisions

Key facts

Human involvement

Red · Lawyer-led

How AI is used

List the action described in the file, the date it began, and any object the file states. Set that description beside section 8(b)(4), section 8(b)(7), and a strike inside a section 8(d) notice period. Do not write a charge, and do not write a petition for an order.

What the lawyer must review

You write any charge. You do not file the Board's petition. Section 8(b)(4) (29 U.S.C. § 158(b)(4)) makes it an unfair labor practice for a labor organisation or its agents to engage in, or to induce or encourage an individual employed by a person engaged in commerce to engage in, a strike or a refusal to handle goods or perform services, or to threaten, coerce, or restrain a person, where an object is one of the objects in subparagraphs (A) to (D). A primary strike or primary picketing is not made unlawful by clause (B) where it is not otherwise unlawful. Section 8(b)(7) covers picketing with an object of forcing recognition where the employer has lawfully recognised another organisation, where a valid election was held in the preceding twelve months, or where picketing has continued without a petition under section 9(c) being filed within a reasonable period not to exceed thirty days. An employee who strikes within a notice period in section 8(d) loses employee status for the purposes of sections 8, 9, and 10 until reemployed. Section 10(b) (29 U.S.C. § 160(b)) provides that no complaint shall issue based on an unfair labor practice occurring more than six months before the charge is filed with the Board and a copy served, unless the person was prevented by service in the armed forces. The complaint gives notice of a hearing not less than five days after service. If the Board finds the practice on the preponderance of the testimony, section 10(c) requires an order to cease and desist and to take affirmative action. After a complaint issues, section 10(j) allows the Board to petition a district court for appropriate temporary relief or a restraining order. Section 10(l) gives priority to a charge under section 8(b)(4)(A), (B), or (C), section 8(e), or section 8(b)(7). If the officer or regional attorney has reasonable cause to believe the charge is true and that a complaint should issue, that officer petitions the district court for injunctive relief pending the Board's adjudication. A temporary restraining order shall not issue without notice unless the petition alleges that substantial and irreparable injury to the charging party will be unavoidable, and it is effective for no longer than five days. The officer shall not apply for a restraining order under section 8(b)(7) if a charge against the employer under section 8(a)(2) has been filed and, after the preliminary investigation, the officer has reasonable cause to believe that charge is true and that a complaint should issue.

Written for / version

United States versionUS