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“ROYAL TYPEWRITER”

“ROYAL TYPEWRITER”. “ALLY DOCTRINE:” Allies of a struck er not protected by 8(b)(4) a person who does work that it would not do but for the strike and benefits from strike knowledge of the strike existence of work pickets payment work done by ally must have been done by primary ees

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“ROYAL TYPEWRITER”

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  1. “ROYAL TYPEWRITER” • “ALLY DOCTRINE:” Allies of a struck er not protected by 8(b)(4) • a person who does work that it would not do but for the strike and benefits from strike • knowledge of the strike • existence of work • pickets • payment • work done by ally must have been done by primary ees • primary er must pay for work (direct or indirect) • arrangement initiated and devised by primary employer • AN “ALLY” IS NOT “WHOLLY UNCONCERNED”

  2. 8(b)(4) Dilemma • TENSION BETWEEN WORDING OF 8(b)(4) AND PURPOSE OF 8(b)(4) • WORDING: COULD BE CONSTRUED TO LIMIT “PRIMARY” ACTIVITY • PURPOSE: AIMED AT “SECONDARY ACTIVITY” • PICKETING OF INDEPENDENTS IN “ROYAL TYPEWRITER” WITHIN WORDING, BUT NOT PURPOSE, OF 8(b)(4).

  3. “ROYAL TYPEWRITER”(CONTINUED) • PICKETING MUST BE DIRECTED TOWARDS EMPLOYEES • Prohibited Means - inducing or encouraging employees not to work • Prohibited Object - “cease doing business” • PICKETING OF CUSTOMERS NOT UNLAWFUL BECAUSE IT DID NOT INDUCE EMPLOYEES NOT TO WORK

  4. Procedure in 8(b)(4) Cases • Section 10(l) • Priority Handling • Injunction Request to District Court

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