UNITED STATES SUPREME COURT DECISIONS ON-LINE

Petitioner union called a strike and picketed all entrances to the respondent company's plant, including an entrance to a railroad-owned spur track immediately adjacent to the struck premises, to induce railroad employees not to make pickups and deliveries at the struck plant. The picketing was accompanied by force and violence. The National Labor Relations Board found that the union had committed an unfair labor practice under § 8(b)(1)(A) of the National Labor Relations Act, but held the picketing to be primary activity not barred by § 8(b)(4)(B) in view of that section's proviso that

"nothing contained in this clause (B) shall be construed to make unlawful, where not otherwise unlawful, any primary strike or primary picketing."

The Court of Appeals reversed.

Held:

1. Primary picketing under § 8(b)(4) includes the right, during a strike, to picket an entrance reserved for employees of neutral

deliverymen furnishing routine service essential to the employer plant's normal operations. Electrical Workers Local No. 761 v. Labor Board, 366 U. S. 667, followed. Picketing at the railroad gate, which was the rail entrance gate to the plant, is just a permissible as at a gate owned by the plant. Pp. 376 U. S. 493-500.

2. Picketing does not become illegal secondary activity solely because it is accompanied by threats and violence. Pp. 376 U. S. 501-502.

311 F.2d 135 reversed. clubjuris

Page 376 U. S. 493