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U.S. Supreme Court

Labor Board v. International Rice Milling Co., Inc., 341 U.S. 665 (1951)

Labor Board v. International Rice Milling Co., Inc.

No. 313

Argued February 27, 1951

Decided June 4, 1951

341 U.S. 665


Although the union here involved was not certified or recognized as the representative of the employees of a certain mill engaged in interstate commerce, its agents picketed the mill with the object of securing recognition of the union as the collective bargaining representative of the mill's employees. In the course of their picketing, the agents sought to influence two men in charge of a truck of a neutral customer to refuse, in the course of their employment, to go to the mill for an order of goods, and they threw rocks at the truck when it proceeded to the mill by a detour.

Held: such action did not violate the "secondary boycott" provisions of § 8(b)(4) of the National Labor Relations Act, as amended by the Labor Management Relations Act, 1947. Pp. 341 U. S. 666-674.

(a) The union's picketing and its encouragement of the men on the truck did not amount to such an inducement or encouragement to "concerted" activities as the section proscribes. Pp. 341 U. S. 670-671.

(b) It is the object of union encouragement that is proscribed by § 8(b)(4), rather than the means adopted to make it felt, and violence on the picket line is not material in this case, since the complaint was not based upon that violence as such, and did not rely upon § 8(b)(1)(A). P. 341 U. S. 672.

(c) Congress did not seek by § 8(b)(4) to interfere with ordinary strikes. Pp. 341 U. S. 672-673.

(d) By § 13, Congress has made it clear that § 8(b)(4), and all other parts of the Act which otherwise might be read so as to interfere with, impede or diminish a union's traditional right to strike, may be so read only if such interference, impediment, or diminution is "specifically provided for" in the Act. P. 341 U. S. 673.

183 F.2d 21 reversed.

The National Labor Relations Board dismissed a complaint of an alleged violation of § 8(b)(4) of the National Labor Relations Act, as amended by the Labor chanroblesvirtualawlibrary

Page 341 U. S. 666

Management Relations Act, 1947. 84 N.L.R.B. 360. The Court of Appeals set aside the dismissal and remanded the case for further proceedings. 183 F.2d 21. This Court granted certiorari. 340 U.S. 902. Reversed, p. 341 U. S. 674.

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