SECONDARY ACTIVITY AND THE NLRA Basic Points

1
SECONDARY ACTIVITY AND THE NLRABasic Points

• DEFINITION
• Pressure by a union on a party uninvolved in the
  labor dispute (the secondary) to pressure the
  (primary) employer to settle on terms more
  favorable than otherwise to the union
• NLRA DOES NOT PROHIBIT ALL SECONDARY ACTIVITY

2
Primary and Secondary Activity
Union
Employer
Primary Activity
Secondary Activity
Secondary Activity
Firm with Which Employer Does Business
3
NLRA SECONDARY ACTIVITY VIOLATIONS OF 8(b)(4)
REQUIRE

• PROHIBITED CONDUCT/MEANS
• 8(b)(4)(i) inducing or encouraging a person
  employed not to perform work or not to perform
  services, or to strike
• 8(b)(4)(ii) threatening, coercing, or
  restraining any person

• PROHIBITED OBJECTS
• 8(b)(4)(A) forcing a person to join a union or
  enter into a hot cargo agreement
• 8(b)(4)(B)formerly (A) forcing or requiring
  any person to cease doing business with another
• 8(b)(4)(C) forcing or req a person to bargain
  with a union when another cert
• 8(b)(4)(D) forcing or requiring er to assign work