Hot Cargo Agreement Example

Hot freight agreements are agreements between an employer and a union in which the employer agrees not to handle or work on the cargo or products of another person with whom the union has a dispute. Section 8(e) of the National Labor Relations Act prohibits unions and employers from entering into an agreement where the employer agrees to refrain from marketing another employer`s products or to cease dealing with another person. A hot-lift agreement is an agreement between an employer and a union in which the employer agrees not to handle or work on the cargo or products of another person with whom the union has a dispute. [Balicer v. International Longshoremen`s Asso., 364 F. Supp. 205, 212 (D.N.J. 1973)] Section 8(e) of the Act provides that “the conclusion of a contract or agreement is an unfair practice for any work organization and any employer, under which that employer ceases or refrains or agrees to cease or refrain from handling, using, selling, transporting or marketing products of another employer, or stop doing business with another person”, subject to two reservations that will be discussed below. The Hot Goods Agreement is a voluntary agreement between a union and a neutral employer. In this agreement, a neutral employer agrees to pacify another employer with whom a union has a dispute.

The neutral employer also agrees to cease or refrain from ceasing to stop an employer`s products that the union has described as unfair. However, the Hot Products Agreement was abolished by the Landrum-Griffin Act of 1959. However, the board found an illegal clause in a situation where the parties entered into an “hazardous work” agreement that provides that if employees were to deliver, recover or enter the premises of a striking employer because of the risks involved, the contract employer would offer additional benefits and protection to workers. In the construction industry, there are exceptions to the above exceptions for certain subcontracts and for agreements concluded in the clothing industry concerning employers who work on goods or on the premises of a manufacturer. For example, an employer did not violate Section 8(e) by introducing into its collective agreement a provision stating that workers may not bypass pre-assembled doors, since the purpose of this provision was to obtain work normally performed by union members. The legality of an agreement often depends on whether the union`s objective is to preserve the work of the workers of the main employer or whether the agreement is calculated in such a way as to fulfill the union`s objective elsewhere. And the difference between the two can be very thin. Below is an example of case law that defines a hot freight agreement: employers should be aware that the clause is illegal when the purpose of the suspect clause in a collective agreement is to use union members in general, unlike workers within the collective agreements unit.

. . .

This entry was posted in Uncategorized. Bookmark the permalink.