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Sheet Metal Workers’ International Association, Local 15, AFL-CIO v. National Labor Relations Board
“Their message may have been unsettling or even offensive to someone visiting a dying relative, but unsettling and even offensive speech is not without the protection of the First Amendment.”
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The Sheet Metal Workers’ International Association Local 15, AFL-CIO, had a labor dispute with Massey Metals, Inc. (Massey), and also with Workers Temporary Staffing (WTS), which supplied nonunion labor employees to Massey, whom Massey used on its various construction projects. The Brandon Regional Medical Center, a hospital, employed Massey as the metal fabricator and installation contractor for a construction project at the hospital.
One day, the union staged a mock funeral procession in front of the hospital. The procession consisted of four union representatives acting as pallbearers and carrying a large coffin back and forth on the sidewalk near the entrance to the hospital. Another union representative accompanied the procession dressed as the “Grim Reaper.” The funeral procession took place about 100 feet from the hospital. Union members broadcast somber funeral music Critical Thinking over loudspeakers mounted on a flatbed trailer that was positioned nearby.
The regional director of the National Labor Relations Board (NLRB) immediately filed a petition for a temporary injunction against the union’s mock funeral. On appeal, the U.S. court of appeals held that the mock funeral was not coercive, threatening, restraining, or intimidating and therefore was not illegal secondary boycott picketing. The court of appeals stated, “Their message may have been unsettling or even offensive to someone visiting a dying relative, but unsettling and even offensive speech is not without the protection of the First Amendment.” Sheet Metal Workers’ International Association, Local 15, AFL-CIO v. National Labor Relations Board, 491 F.3d 429, Web 2007 U.S. App. Lexis 14361 (United States Court of Appeals for the District of Columbia Circuit, 2007)
Critical Legal Thinking Questions
What is a secondary boycott picketing? Did the union’s conduct constitute a lawful or illegal secondary boycott?
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