Labor Law: Labor-Management Relations Act: Attempt to Institute Consumer Boycott as Unfair Labor Practice

In attempting to induce certain employees of defendant, a manufacturer of bakery products, to join a bakery workers' union, the union and several labor councils picketed retail stores selling defendant's goods in Los Angeles. Placards carried by the pickets stated that defendant was non-union and on the 'We-do-not-patronize" list of various labor organizations. A California state court granted defendant a preliminary injunction against the picketing. Thereupon the National Labor Relations Board applied to federal district court for a preliminary injunction restraining defendant from invoking the injunction granted by the state court, claiming that since the unions' conduct was an unfair labor practice under section 8(b)(4)(A) of the amended National Labor Relations Act, the state court was without jurisdiction. On appeal from an order of the district court granting the injunction requested by the NLRB, held, affirmed. In their attempt to institute a consumer boycott of defendant by picketing its products at the retail level, the unions committed an unfair labor practice under section 8(b)(1)(A) [rather than section 8(b)(4)(A)] of the amended NLRA. Capital Service, Inc. v. NLRB, (9th Cir. 1953) 204 F. (2d) 848.