Labor Law- Recognition and Organizational Picketing - Unfair Labor Practice Charge is a Prerequisite to Initiation of the Expeditied Election Procedure of Section 8 (b)(7)(C) of the NLRA

Authors

Steven P. Davis, University of Michigan Law SchoolFollow

Abstract

Plaintiff union commenced picketing a previously-unorganized company for the purpose of gaining recognition as the bargaining agent of the employees. The next day the union filed a petition with the NLRB seeking an election. Five days later the individual plaintiffs, Reed and Whitney, filed an unfair labor practice charge under section 8 (b) (7) of the National Labor Relations Act for the express purpose of invoking the expedited election procedure provided by the statute. This charge was prepared by and filed with the sanction of the picketing union. The NLRB refused to grant the expedited election. In an action for mandamus brought by plaintiffs in a district court to compel the regional director to hold an expedited election, held complaint dismissed. There must be a legitimate unfair labor practice charge filed before an expedited election will be directed, and this requirement is not met by one's filing the charges against one's self. Reed v. Roumell, 185 F. Supp. 4 (E.D. Mich. 1960).

Recommended Citation

Steven P. Davis, Labor Law- Recognition and Organizational Picketing - Unfair Labor Practice Charge is a Prerequisite to Initiation of the Expeditied Election Procedure of Section 8 (b)(7)(C) of the NLRA, 59 Mich. L. Rev. 646 (1961).
Available at: https://repository.law.umich.edu/mlr/vol59/iss4/14