United States Supreme Court Cases & Opinions

U.S. Supreme Court

Labor Board v. Fruit Packers, 377 U.S. 58 (1964)

National Labor Relations Board v. Fruit & Vegetable Packers

& Warehousemen, Local 760

No. 88

Argued February 18-19, 1964

Decided April 20, 1964

377 U.S. 58

Syllabus

Respondent union, while on strike, conducted a consumer boycott of the employers' products, pursuant to which it engaged in peaceful picketing and distributed handbills at markets selling such products. The signs and handbills asked the public not to purchase primary employers' products. The National Labor Relations Board held that § 8(b)(4) of the National Labor Relations Act was intended by Congress to prohibit all consumer picketing at secondary establishments. The Court of Appeals rejected that conclusion, holding that the crucial issue is whether the secondary employer is in fact coerced or threatened by the picketing, and remanded for a finding on that issue.

Held: Peaceful secondary picketing of retail stores directed solely at appealing to consumers to refrain from buying the primary employer's product is not prohibited by § 8(b)(4). Pp. 377 U. S. 63-73.

113 U.S.App.D.C. 356, 308 F.2d 311, judgment vacated and case remanded.

Page 377 U. S. 59