During negotiations for a new contract, the union engaged in harassing action against the employer by promoting an organized refusal to work overtime, extending rest periods without authorization, directing employees to refuse to work special hours, encouraging slow-downs and unannounced walkouts, and inducing employees of a subcontractor not to work for their employer. There was no specific demand which the activity was designed to enforce. The National Labor Relations Board found that this activity was evidence of a failure on the part of the union to bargain in good faith, and was, therefore, a violation of section 8 (b) (3) of the amended National Labor Relations Act. On appeal, held, enforcement denied, one judge dissenting. The use of economic pressure is not inconsistent with good faith bargaining. In addition, the control of such harassing tactics has been left to the states by the Supreme Court's decision in International Union, UAW-AFL v. WERB. Textile Workers Union of America, CIO v. NLRB, (D.C. Cir. 1955) 227 F. (2d) 409, cert. granted (U.S. 1956) 76 S.Ct. 650.
Hazen V. Hatch S.Ed.,
Labor Law - Collective Bargaining - Unprotected Activities of Union as Violation of Duty to Bargain in Good Faith,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol54/iss6/14