Washington apples. Union instituted consumer boycott in pursuit of the strike- they put pickets at 345- 350 stores. And they were basically picketing the manufactures of 1 particular item. ii. -under the Tree Fruits doctrine, a Union may boycott only the struck product at a neutral distributor, but if this product picketing can reasonably be expected to threaten neutral parties with ruin or substantial financial loss, this secondary picketing will violate § 8(b)(4)(ii)(B). 1. For example, under Tree Fruits , apple growers could picket at a supermarket asking patrons to not buy apples, but could not ask the patrons to not patronize at all, or if the product is the high bulk of the store's sales iii. Based on the facts- (4 factor test) 1. Whether picketing is limited to 1 product 2. whether picketing interferes w/ store’s ability to handle that product 3. when the picketing occurs (whether before / after store closing) 4. whether employees of the neutral employer were encouraged to strike. iv. Limitations of tree fruit 1. Will violate 8b4 if it would cause consumer to not trade w/ neutral employer. – arrives when product is primary product 2. Merged product doctrine- may not boycott when the primary’s product becomes so emerged in the neutral’s product that it cannot be differentiated from the primary product. 3. *Struck work- work the primary workers employer’s would be doing BUT for the strike.
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- Spring '14
- Labor Law, Trade union