The Iron Workers Union had been engaged in organizing the employees of Stokrrs Multi-Ton Corporation. When Stokrrs

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The Iron Workers Union had been engaged in organizing the employees of Stokrr’s Multi-Ton Corporation. When Stokrr’s refused to recognize the union, the union called a strike of the company’s employees. Perkins Trucking Company handled and transported Stokrr’s products. Three days into the strike, pickets gathered around a Perkins truck as it attempted to make a pickup at the Stokrr’s facility.

One of the union pickets jumped on the running board of the Perkins truck and yelled at the driver,

“We’re going to rape your wife.…I’m going to break your legs.” The picket then pointed at the driver’s face and stated, “Just remember what I look like, because I know who you are. I’m going to get you.… [W]e’re going to get all your trucks, you run a lot of them.”

At that point, the police assisted the Perkins truck through the picket line to the loading dock.

Sometime later, eight to twelve strikers arrived at the Perkins terminal at 7 A.M. carrying placards.

But they engaged in no picketing of the terminal facility; they stood around, five to ten feet from the terminal gate. They told the assistant shop steward of the union at Perkins that they were “individuals”

trying to gain information for their “personal use”

and that they wanted to know if Perkins was handling any of Stokrr’s freight. They were told that Perkins had not handled any Stokrr’s freight for “the last couple of weeks.” At about 8 A.M., the strikers departed.

Based on these facts, could it be said that Perkins was an ally of Stokrr’s? What provisions of the NLRA, if any, did the union violate? See Iron Workers, Local 455, [243 NLRB 340, 102 L.R. R.M.

1109 (1979)].

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Employment And Labor Law

ISBN: 9781439037270

7th Edition

Authors: Patrick J. Cihon , James Ottavio Castagnera

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