Labor Law – NLRA – “Roving Situs” Picketing as Violation of Section 8(b)(4)(A)

Respondent union sought to organize the crane and dragline operators of a manufacturer of ready-mixed cement and posted pickets about the local manufacturing plant. During the working day each of the employer’s delivery trucks crossed the picket line at least twice. In addition, the union established a roving picket line which circulated about the manufacturer’s trucks while they were making deliveries to customers at local construction sites. The roving picketing lasted only so long as the workers of the primary employer remained on the customer’s premises. The pickets at all times stayed within six hundred feet of the trucks. The legend on their picket signs was explicit in stating that the dispute was only with the primary employer, and the picketers distributed handbills which set out with accuracy the nature of the strike. The regional director of the NLRB sought an injunction under section 10 (f), alleging a violation of section 8 (b) (4) (A), which proscribes secondary picketing. He adduced evidence to show that seven of the primary employer’s customers had ceased their purchases of cement from the manufacturer after the picketing had begun. Moreover, the union had made requests to customers to buy cement from other sources during the strike. Held, injunction granted. There were reasonable grounds for finding that one objective of the picketing was the encouragement of the neutral employees at the site to cease their work so long as the primary employer transacted business on the premises. Le Bus v. Locals 406, 406A, 406B and 406G, International Union of Operating Engineers, (E.D. La. 1956) 145 F. Supp. 316.