Legal Opinion · Dissent

Soft Drink Workers Union Local 812, International Brotherhood of Teamsters v. National Labor Relations Board

Court of Appeals for the D.C. Circuit

Decided October 3, 1980No. 79-1888Published

1DissentWald, Circuit Judge

I dissent because I do not believe the kind of consumer picketing involved here is proscribed by § 8(b)(4). To hold, as the majority does, that virtually every kind of peaceful consumer picketing by a labor union presumptively falls within that section’s prohibitions 1 not only runs counter to the judicial and legislative policy against erecting broad prohibitions likely to conflict with first amendment guarantees but also finds no support in the legislative history of the National Labor Relations Act (NLRA or Act), 29 U.S.C. § 151 et seq. I believe that the union’s activity in this case…

2Cases cited14 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  3. Carey v. BrownSupreme Court of the United States · 1980
  4. National Labor Relations Board v. Fruit & Vegetable Packers & Warehousemen, Local 760Supreme Court of the United States · 1964
  5. National Labor Relations Board v. Drivers, Chauffeurs, Helpers, Local Union No. 639Supreme Court of the United States · 1960

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