Legal Opinion · Dissent

Wartman v. United Food & Commercial Workers Local 653

Court of Appeals for the Eighth Circuit

Decided September 15, 2017No. 16-2786Published

1DissentColloton, Circuit Judge

The issue in this appeal is whether the Plaintiffs’ complaint adequately alleged that the Union violated § 8(b)(4)(ii)(B) of the Labor Management Relations Act, 29 U.S.C. § 158(b)(4)(ii)(B), by picketing businesses that were not primary employers of the Union’s members. As the court explains, the statute makes it an unlawful labor practice for a labor organization “to threaten, coerce, or restrain any person engaged in commerce or in an industry affecting commerce,” where an object thereof is “forcing or requiring any person to cease using, selling, handling, transporting, or otherwise…

2Cases cited7 opinions

  1. National Labor Relations Board v. Fruit & Vegetable Packers & Warehousemen, Local 760Supreme Court of the United States · 1964
  2. Local 761, International Union of Electrical, Radio & MacHine Workers v. National Labor Relations BoardSupreme Court of the United States · 1961
  3. International Longshoremen's Association v. Allied International, Inc.Supreme Court of the United States · 1982
  4. Miami Newspaper Pressmen's Local No. 46 v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1963
  5. National Maritime Union of America, Afl-Cio v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1965

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