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Labor and Employment Law

University of Michigan Law School

Hot cargo clause

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Full-Text Articles in Law

Subcontracting Clauses And Section 8(E) Of The National Labor Relations Act, David M. Ebel May 1964

Subcontracting Clauses And Section 8(E) Of The National Labor Relations Act, David M. Ebel

Michigan Law Review

The addition of section 8(e) to the National Labor Relations Act in 1959 jeopardized the validity of all subcontracting clauses-provisions in employer-union collective bargaining agreements which in some manner eliminate or condition the employer's right to contract out work or which penalize the exercise of that right. Although it was not the congressional intent that section 8(e) indiscriminately abolish all subcontracting clauses, this is the literal impact of the language used in the section.


Labor Law - Hot Cargo Clauses No Defense To Secondary Boycotts, Joel D. Tauber S.Ed. Dec 1958

Labor Law - Hot Cargo Clauses No Defense To Secondary Boycotts, Joel D. Tauber S.Ed.

Michigan Law Review

In August 1954 the Sand Door & Plywood Company sold a general contractor, through a millwork contractor, certain non-union-made Paine Lumber Company doors. The union notified its members at the construction site that the doors should not be hung because of the "hot cargo" · clause in their union contract. After negotiations between Sand Door and the union failed, Sand Door filed charges alleging secondary boycott action by the union in violation of section 8(b)(4)(A) of ·the amended National Labor Relations Act. A Board order was issued and enforced by the court of appeals. On certiorari to the United States …


Labor Law - Lmra - "Hot Cargo" Clause As A Defense To Secondary Boycott, Jack G. Armstrong S.Ed. Dec 1955

Labor Law - Lmra - "Hot Cargo" Clause As A Defense To Secondary Boycott, Jack G. Armstrong S.Ed.

Michigan Law Review

In McAllister Transfer, Inc. the National Labor Relations Board decided to reconsider the question of "hot cargo" clauses. In this case, the Teamsters' union requested McAllister, a non-union cartage company, to recognize it as the bargaining representative of McAllister's employees, and submitted a proposed contract to the employer. When McAllister refused to recognize the Teamsters, the union announced that the company would be "shut off" from interlining freight. Accordingly, the Teamsters induced those of their members who were working for three other carriers not to handle McAllister freight. Each of these other carriers was a party to a cartage agreement …