## Facts

- C.A. Blinne Construction Co. employed three common laborers at a construction jobsite.
- All three employees signed authorization cards designating International Hod Carriers Local 840 as their bargaining representative.
- The union demanded recognition the next day; the employer refused and transferred one laborer off the job, stating it intended to eliminate the union’s majority, and hired a replacement.
- The union began peaceful picketing with a sign stating “C.A. Blinne Construction Company, unfair.”
- The union filed unfair labor practice charges against the employer under NLRA § 8(a); the Regional Director dismissed certain charges (including alleged § 8(a)(2) and § 8(a)(5) violations) and sustained others.
- The union filed a representation petition only after adverse action on key employer-charge theories, by which time picketing had continued for more than 30 days.
- The General Counsel issued a complaint alleging the union violated NLRA § 8(b)(7)(C) by continuing recognitional picketing beyond the statutory period without a timely petition.

## Issues

1. Whether NLRA § 8(b)(7)(C) applies to a union that claims majority support by authorization cards but is not “currently certified.”
2. Whether recognitional picketing that continues beyond 30 days becomes unlawful when the union delays filing a representation petition while pursuing employer unfair labor practice charges.
3. Whether picketing styled as protest of employer unfair labor practices is outside § 8(b)(7)(C) when recognition is among the picketing’s objectives.

## Decision

- The Board found the union violated NLRA § 8(b)(7)(C) by engaging in recognitional picketing for more than 30 days without filing a representation petition within the statutory period.
- The Board held § 8(b)(7)(C) applies to unions that are not “currently certified,” even if they possess a card majority.
- The Board held pending or alleged employer unfair labor practices did not excuse compliance with the 30-day limit.
- The Board concluded § 8(b)(7)(C) is triggered when recognition is “an object” of the picketing, even if other objectives are also asserted.
- The Board ordered the union to cease and desist from the unlawful picketing and to take related remedial action.

## Legal Principles

- NLRA § 8(b)(7)(C) restricts picketing when “an object” is to force employer recognition or employee organization, unless a representation petition is filed within a reasonable period not exceeding 30 days.
- “Currently certified” status is a formal prerequisite to continued recognitional picketing; a card majority is not a substitute for certification under § 8(b)(7)(C).
- The statutory 30-day limit is not suspended or tolled by the filing or pendency of employer unfair labor practice charges.
- Picketing falls within § 8(b)(7)(C) when recognition is one objective, even if the union also claims the picketing protests unfair labor practices.

## Conclusion

The NLRB treated § 8(b)(7)(C) as a strict timing rule for recognitional picketing: absent current certification, a union must file a representation petition within 30 days if it continues picketing where recognition is among its objectives, and employer unfair labor practice allegations do not create an exception.


Int’l Hod Carriers Local 840 (Blinne Constr. Co.), 135 N.L.R.B. 1153 (1962)