This note compares Justice Powell's reasoning in Safeco with the rationale of Tree Fruits and concludes that although Justice Powell was correct in limiting the Tree Fruits principles, he may have created a more substantial problem for future courts attempting to apply the Safeco principles in light of Tree Fruits. This note will explore the constitutional ramifications of the Sajeco decision and of the Labor Act itself as interpreted by Justice Powell and conclude that the legislative history is clear in its mandate that all secondary picketing is violative per se of the Labor Act. To illustrate the difficulties which future courts will encounter when faced with a case where the facts fall somewhere between the extremes of Safeco and Tree Fruits, the last part of this note will examine a recent Sixth Circuit case.
Elliott, Frances C.
"Secondary Picketing of a Neutral Employer, NLRB v. Retail Store Employees Union,"
Akron Law Review: Vol. 15
, Article 9.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol15/iss1/9