which is not certified to represent an appropriate grouping of employees to picket, or threaten to picket, the workers' employer to force recognition by the employer, or to force the employees to accept the union as their representative.

Such recognitional and organizational picketing is violative of the Act under these circumstances:

Section 8(b) (7) (A)-Where another union already has been recognized by the employer as his employees' representative, and the NLRB would not conduct a representation election due to the existing contract with the other union.

Section 8(b) (7) (B)-Where the employees have voted in a valid NLRB representation election within the preceding 12

months.

Section 8(b) (7) (C)-Where the union pickets for more than 30 days without filing a formal petition for an employee representation election.

INFORMATIONAL PICKETING AND EXPEDITED ELECTIONS

Subparagraph (C) contains two provisos. One permits picketing "for the purpose of truthfully advising the public (including consumers)" that an employer does not employ union members, or have a contract with a labor organization, "unless an effect of such picketing is to induce any individual employed by any other person" to refuse to pick up or deliver goods or perform other services. Such a substantial disruptive effect on the employer's business would remove the picketing's informational protection and make it unlawful under section 8(b) (7) (C).

The other proviso of the subparagraph governs the holding of representation elections on an expedited schedule. If picketing draws an unfair labor practice charge, and the union files a representation petition within a reasonable time of not more than 30 days from the start of picketing, the statute provides for an employee election to be held quickly, dispensing with a hearing or a showing of interest among the employees.

No expedited election is ordered when the picketing conforms to the informational proviso.

This subsection concludes with the statement:

Nothing in this paragraph (7) shall be construed to permit any act which would otherwise be an unfair labor practice under this section 8(b).

8. Hot cargo and subcontracting agreements

Section 8(e) bars an employer and a union from entering into an express or implied hot cargo contract. Under such a contract the company agrees to cease handling, using, selling, transporting, or otherwise dealing in the products of any other company. The section declares void and unenforceable any such agreement that is made.

A proviso in the section furnishes an exception for the construction industry. A construction company and a union may agree to a contract provision restricting the contracting or subcontracting of work to be done at the construction site, permitting subcontracting even if the work goes only to an employer who has an agreement with the union. Another exception covers the garment industry. There, an employer

and a union can agree that work to be done on the goods or on the premises of a jobber or manufacturer or work that is part of "an integrated process of production in the apparel and clothing industry," can be subcontracted only to an employer who has a contraet with the union. The garment industry exception to section 8(e) allows its unions not only to seek to obtain, but also to enforce, such a restriction on subcontracting by striking, picketing, or other lawful action.

"FREE SPEECH" PROVISION

Section 8(c) of the Act contains what is commonly known as the "free speech" provision. It provides:

The expressing of any views, argument, or opinion, or the dissemination thereof, whether in written, printed, graphic, or visual form, shall not constitute or be evidence of an unfair labor practice under any of the provisions of this Act if such expression contains no threat of reprisal or force or promise of benefit. Examples of statements which this provision does not protect: • Implied threats by an employer that the organization of a union would result in the loss of benefits for employees.

• Picket signs announcing to employees of one employer that another employer is "unfair" where an object is to induce the employees to engage in a secondary boycott.

• A statement by a union official to an employee that the employee will lose his job if the union wins a majority in the plant.

COLLECTIVE BARGAINING DEFINED

Section 8(d) defines the type of collective bargaining required by the law as

... the performance of the mutual obligation of the employer and the representative of the employees to meet at reasonable times and confer in good faith with respect to wages, hours, and other terms and conditions of employment, or

the negotiation of an agreement, or any question arising thereunder, and the execution of a written contract incorporating any agreement reached if requested by either party, but such obligation does not compel either party to agree to a proposal or require the making of a concession.

BARGAINING STEPS TO CHANGE OR TERMINATE A CONTRACT

Section 8(d) provides that the duty to bargain requires a special procedure for the termination or modification of contracts or the negotiation of contracts to replace existing ones. There are four specific steps which must be observed.

The party desiring to terminate or modify an existing contract covering employees in an industry affecting commerce must

1. Serve the other party to the contract with a written notice of the proposed termination or modification. This notice must be served at least 60 days before the termination date or agreed reopening date of the contract. Or, if the contract contains no expiration date, 60 days before the time it is proposed to make such termination or modification.

2. Offer to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications.

3. If no agreement has been reached 30 days after the notice was served, notify the Federal Mediation and Conciliation Service that a dispute exists. Any State or Territorial mediation or conciliation service where the dispute occurs also must be notified.

4. Continue in full force and effect, without resorting to strike or lockout, all the terms and conditions of the existing contract until 60 days after the notice was given or until the contract expires, whichever occurs later.

This section also provides further that:

Any employee who engages in a strike within the sixty-day period. • shall lose his status as an employee of the employer engaged in the particular labor dispute, for the purposes of sections 8. 9, and 10 of this Act, as amended, but such loss of status for such employee shall terminate if and when he is reemployed by such employer.

JURISDICTIONAL DISPUTES

The Act forbids jurisdictional strikes and boycotts as an unfair labor practice and provides special machinery for deciding disputes over assignment of work.

Section 8(b) (4) (D) makes it an unfair labor practice for a labor organization or its agents

(i) to engage in, or to induce or encourage any individual employed by any person engaged in commerce or in an industry affecting commerce to engage in, a strike or a refusal in the course of his employment to use, manufacture, process, transport, or otherwise handle or work on any goods, articles, materials, or commodities or to perform any services; or

(ii) to threaten, coerce, or restrain any person engaged in commerce or in an industry affecting commerce, where in either case an object thereof is :

(D) forcing or requiring any employer to assign particular work to employees in a particular labor organization or in a particular trade, craft, or class rather than to employees in another labor organization or in another trade, craft, or class, unless such employer is failing to conform to an order or certification of the Board determining the bargaining representative for employees performing such work:

Section 10(k) gives the Board authority to hear and make determinations in cases involving disputes over jurisdiction of work. This section also provides that the parties be given 10 days in which to agree on the means of settlement or to reach a voluntary settlement among themselves.

If they make such a voluntary adjustment, the Act provides that the unfair labor practice charge shall be dismissed. If they do not make such adjustment, a hearing under this section is then held.

Should the parties fail to reach agreement and should they fail to abide by a Board determination under section 10 (k) thereafter, the procedure before the Board is the same as in any other unfair labor practice case.

PROCEDURE IN UNFAIR LABOR PRACTICE CASES

If an employee believes that an employer or a union is engaged in one or more of the unfair labor practices outlined above, he may file charges with the appropriate regional office of the National Labor Relations Board on forms supplied by the office.

A union or an employer also may file charges.

After the charges are filed, the case is processed as follows:

1. Charges are investigated by field examiners. During this investigation, charges may be adjusted, withdrawn, dismissed, or otherwise closed without formal action.

2. A formal complaint is issued by the regional director if charges are found to be well grounded and the case is not settled by adjustment.

3. Public hearing on the complaint is held before a trial examiner.

4. The trial examiner's findings and recommendations are served on the parties and sent to the Board in Washington in the form of a trial examiner's decision. At this point the case is transferred to the Board in Washington. Unless either of the parties files a statement of exceptions to the trial examiner's findings within 20 days, his recommended order takes the full effect of an order by the Board. Parties who except to the examiner's findings also may file a brief to support their exceptions and may request oral argument before the Board. Exceptions are in effect an appeal from the trial examiner's decision.

5. The Board reviews the case and issues a decision and order. 6. In case a union or an employer fails to comply with a Board order, the Board may ask the appropriate U.S. court of appeals for a judgment enforcing its order. Also, any party to the case who is aggrieved by the Board's order may appeal to an appropriate U.S. court of appeals.

7. The Board or an aggrieved party may petition the Supreme Court of the United States to review the decision of the court. of appeals. Failure to obey a final court judgment is punishable as either civil or criminal contempt of court, or both.

If the regional director refuses to issue a complaint, the charging party may appeal to the General Counsel in Washington, D.C., who has final authority over the issuance of complaints. Ordinarily, 10 days are allowed for making such an appeal, which should be accompanied by a full statement of the facts in the case and the reasons why it is believed that the regional director erred. If the General Counsel approves the decision not to issue a complaint, there is no further appeal. On the other hand, the General Counsel may reverse the regional director's decision and order that a complaint be issued.

REMEDIES IN UNFAIR LABOR PRACTICE CASES

When the Board finds that an employer or union or the agent of either has engaged in unfair labor practices, the Board is empowered by section 10(c) to issue an order requiring such person or organization to "cease and desist from such unfair labor practice, and to take such affirmative action including reinstatement of employees with or without back pay, as will effectuate the policies of this Act."

The purposes of the Board's orders is remedial-to undo the effect of the unfair labor practices and to direct such action as will dissipate the effect of violations of the Act. In fashioning remedies for unfair labor practices, the Board has broad discretion. The Board ordinarily frames its orders on patterns appropriate to each general type of unfair labor practice, but the Board may vary the remedy in order to fit it more precisely to the needs of a particular case.

There are no penalties or fines as such under the Act. It is only after a court has upheld a Board order and an employer or union has refused to comply that either may be held in contempt of court and subject to penalties.

Affirmative action ordered by the Board may include orders to the employer to:

• Disestablish a company-dominated union.

Bargain collectively upon request with a union which is the exclusive representative of a specified appropriate group of employees and sign a written contract if an agreement is reached.

• Reinstate immediately all persons discharged, laid off, or demoted to their former positions without prejudice to seniority rights or other privileges enjoyed before the unfair labor practices, and, if necessary, discharge any person hired in place of those discriminated against.

Pay backpay for time lost since the employee was discharged, plus interest.

The amount of backpay awarded an employee is usually the difference between his net earnings since discharge and what he would have earned had he not been discharged, ascertained on a quarterly basis. A discharged employee must try to find a new job while awaiting reinstatement.

Affirmative action required of a union may include orders to:

• Notify the employer and the employee that it withdraws any objection to reinstatement or employment of an employee who has been subjected to illegal discrimination caused by the union.

Bargain collectively upon request with an employer and sign a written agreement if one is reached.

• Reimburse the employee for any wages he has lost as a result of the discrimination.

• Refund dues or fees collected unlawfully through coercion, plus interest.

In addition, employers or unions usually are ordered to post notices in their plants or offices to employees or union members, asserting the employers or the unions will stop the unfair labor practices and will take action to remedy the violations.

An employer and a union also may be held jointly and severally liable for backpay due an employee suffering unlawful discrimination.

INJUNCTION PROCEDURE

The Act, under section 10 (j) and section 10(1), enables the Board or the General Counsel to petition the appropriate U.S. district court for an injunction to stop conduct alleged to constitute an unfair labor practice.